FCC Indecency Rules Violate 1st Amendment: 2nd Circ.

Law360, New York (July 13, 2010, 6:20 PM EDT) -- The U.S Court of Appeals for the Second Circuit overturned the Federal Communications Commission's indecency policy Tuesday, finding that the agency's position on expletives in broadcasting is unconstitutionally vague and a threat to free speech.

The three-judge ruling is a victory for the broadcast networks, specifically Fox Television Stations Inc., which had challenged FCC sanctions against the company when Cher and Nicole Ritchie swore on stage at the Billboard Music Awards in 2002 and 2003, respectively.

“The absence of reliable guidance in the FCC’s standards chills...
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