High court throws out FCC fines vs. broadcasters

[Eugene]

Source: Associated Press

High court throws out FCC fines vs. broadcasters

MARK SHERMAN, Associated Press
Updated 08:56 a.m., Thursday, June 21, 2012

WASHINGTON (AP) — The Supreme Court unanimously threw out fines and sanctions Thursday against broadcasters who violated the Federal Communications Commission policy regulating curse words and nudity on broadcast television.

But the justices declined to issue a broad ruling on the constitutionality of the FCC indecency policy. Instead, the court concluded only that broadcasters could not have known in advance that obscenities uttered during awards show programs and a brief display of nudity on an episode of ABC's NYPD Blue could give rise to sanctions. ABC and 45 affiliates were hit with proposed fines totaling nearly $1.24 million.

The justices said the FCC is free to revise its indecency policy.

It was the second time the court has confronted, but not ruled conclusively on, the FCC's policy on isolated expletives. Justice Anthony Kennedy said in his opinion for the court that "it is unnecessary for the court to address the constitutionality of the current policy."

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Read more: http://www.seattlepi.com/entertainment/article/High-court-throws-out-FCC-fines-vs-broadcasters-2453257.php

[hifiguy]

1. 8-0 with Sotomayor recusing herself because

she was involved in an earlier ruling on the same case while on the Court of Appeals.

Nothing surprising here. No judge, not even a Scalia, will vote to uphold a law that requires ESP on the part of broadcasters as to the content of live TV.