Court Rules Against Bush Era Censorship Under Indecency Rules

An appeals court has thrown out the indecency policy used by the FCC during the Bush administration to attack the media. Media Decoder reports:

A United States appeals court tossed out the indecency policy of the Federal Communications Commission on Tuesday, calling it a violation of the First Amendment.

An appeals panel said the F.C.C. policy was “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.”

The ruling was immediately characterized as a victory for big broadcasters like ABC, CBS, Fox and NBC, which have been fighting the indecency policy for years.

Tuesday’s ruling vacates a 2004 decision by the Bush administration F.C.C. to step up enforcement of the indecency policy on the broadcast airwaves. Earlier that year, the singer Janet Jackson’s breast was bared during the Super Bowl halftime show on CBS, reigniting a decades-old debate about broadcast standards.

For once even Fox is on the right side in this battle against censorship:

In a statement, Fox Broadcasting said it was extremely pleased by Tuesday’s decision. “We have always felt that the government’s position on fleeting expletives was unconstitutional,” said the company, a unit of the News Corporation. “While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through.”

This is a positive move towards defending First Amendment rights, but I wonder what will happen if this goes to the Supreme Court which remains under right wing domination.

Update: A Message For The FCC

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