The Supremes Get Indecent Proposals...
The Supremes Get Indecent Proposals
As the court revisits the FCC's authority to rule on broadcast indecency this week, the agency, ABC and Fox gird for a showdown By Katy Bachman
January 09 2012
A Supreme Court hearing on the power of the Federal Communications Commission to regulate broadcast indecency set for Jan. 10 is sure to be, in the famous words of Vice President Joe Biden, a “big f---ing deal.”
For the first time in 33 years, when they cited George Carlin’s “Seven Dirty Words” in granting the FCC the authority to set rules to protect children from indecent or offensive content, the Supremes will visit the agency’s rules in a one-hour, rapid-fire oral argument pitting the FCC against Fox and ABC.
Setting the stage for another landmark decision, the court will consider years-old cases that take into account the full range of broadcast indecency issues, including f-bombs—affectionately known as “fleeting expletives”—in live broadcasts (the subject of FCC v. Fox) and nudity in scripted programming (FCC v. ABC). The agency famously levied a $1.4 million fine against ABC over an NYPD Blue episode in 2003 showing a woman’s bare butt for seven seconds.
In a case that features three heavyweights of litigation (see sidebar), Fox and ABC will argue that the FCC’s indecency rules are antiquated and vague, chill free speech, and ought to be thrown out. The government will argue that the FCC has the right to regulate broadcasting during hours when children might be watching.
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