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Eight years after the infamous NYPD Blue episode featuring actress Charlotte Ross’ buttocks aired and two years after FCC slapped the ABC stations with a $1.4 million fine over the racy scene, the penalty has been tossed by a federal appeals court. The 2nd U.S. Circuit Court of Appeals today threw out the fine stems from its July ruling that struck down the FCC indecency policy, claiming that it “violates the First Amendment because it is unconstitutionally vague.” In a statement, ABC said it was “pleased” with the court’s decision. “We have always believed that this 2003 episode of the long-running and acclaimed series NYPD Blue was not indecent and that the fines were unwarranted and unconstitutional.” UPDATE: The Parents Television Council watchgroup group condemned the ruling. “Once again the Second Circuit has proclaimed that it knows better than the Supreme Court, the Congress, the FCC, and the overwhelming majority of the American people. Regardless of one’s political viewpoint – left, center or right – this may well be the most egregious example of ‘legislating from the bench’ that our Federal Court system has ever witnessed,” PTC president Tim Winter said.
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That’s ridiculous. You can’t show buttocks? I’m glad it was overturned. Though I don’t know any network series have shown something of the kind again, have they?
Seriously, I was on the edge of my seat wondering how this would turn out. It just so happens I started compiling a list in 2003 of actresses (and a handful of actors) whose buttocks I would like to see on ABC. Forty-three of them have had their shows cancelled, and seventeen have already appeared nude in movies, so I’m afraid the only name on the list is now Julie Bowen. I also had Courtney Cox on the list, but she’s shown enough of herself on her new show that I kinda get the gist. I will now send my one-name list to both ABC and the FCC. Thank you in advance for your consideration.
“Gluteous Maximus”,- Gladiator in the war of free expression.
Seems like a lot of peeps are showing their asses in this lawsuit. Seriously, FCC, everybody has an ass but it doesn’t mean you gotta show your asshole. (whoa, I used “ass” a lot. don’t sue me, bro.)
Good. The FCC needs to get a grip and focus on current matters.
It’s too far back to remember – did this fuss happen when Dennis Franz showed his ass back in the day?
$10 million in legal fees later, we have overturned this atrocious fine of $1.4 million, saving our company a total of…
Oh wait.
This was the worst fine out of all of them during the FCCs indecency crusade. A 1.4m fine for a persons ass in the 21st century is embarrassing. The show aired that type of nudity throughout the entire decade it was on the air without problems from the FCC. If they wanted to fine NYPD Blue for showing someone’s ass they should have done it back in 1993 when it premiered not wait 15 years later when no one cared anymore and the show was off the air for 5 years already. They was no controversy or backlash by the American public when this scene aired so there is no reason for some unelected bureaucrats to be able to decided that it is indecent. The FCC never used to fine TV channels until the wardrobe malfunction and then they want out of control handing out fines left and right. A show like NYPD Blue would never make it on there air today, not out of fear of American public backlash but out of fear of government censorship. The FCC indecency crusade was clearly unconstitutional and i’m glad the courts have been striking these fines down.
The FCC acts on complaints from the public and in 1993 there were no complaints about the nudity. There were no complaints about the nudity because the Parents Television Council didn’t exist. Their former president Brent Bozell said that it was “NYPD Blue” that led him to start the organization. The original FCC ruling did ignore nearly a quarter century of nudity – some of it more explicit than Charlotte Ross’s buttocks – on TV.
The true absurdity of this case is that the scene was only indecent in the Central and Mountain time zones. In the Eastern and Pacific time zones it aired after the watershed at 10 p.m. There is something truly absurd about the show being fine in South Bend Indiana but indecent in Gary.
FINALLY!
A smart decision on indecency rules on television.
I would much rather my seven-year-old son see a naked butt on television than the violence that is typically shown on primetime television.
Maybe we need to learn a lesson from our European neighbors who allow mild forms of nudity but crack down on over-the-top scenes of violence.
About time we get our priorities straight!!!
Congrats ABC.
I couldn’t agree more. You can’t show nudity, but how many murders or crime scenes are shown on a weekly basis? How much violence? It’s a terrible commentary on our culture. This is one subject from which we could learn a lot from our European cousins.
On a related topic, I remember in the 80s, there was some woman out in the heartland somewhere who was offended by what she saw on an early episode of Married With Children and started a boycott of advertisers. I wondered then as I continue to wonder now: If people don’t like or are offended by what they’re watching, instead of trying to ruin it for everyone, why don’t they just change the f**king channel? In this age of a bazillion channels, how hard could that be?
I saw the dailies the day they shot that scene. The only crime was it wasn’t the latin chicks buttocks violated humanity!
Way to stay current FCC. When did NYPD Blue go off the air? What a waste of money.
Why does anyone bother to report what the so-called Parent’s Television Council has to say about anything? Why not other groups with the exact same world view and political beliefs, like Fred Phelps or the KKK?
Ass me if I care. Go ahead, ass me. Here a buttocks, there a buttocks. Thou shall NOT show buttocks. Period. However, thou shall air and show violence up the wahzoo! No fines attached. Makes perfect ass to me.
I agree with this ruling (always amazed how long the legal system takes). Until the FCC comes up with clear guidelines that aren’t ever changing – F the FCC. Tired of this ridiculous government organization that is outdated in 2011 and needs a major overhaul.
What is the percentage of homes that receive cable now – lump it all together and the kids have no idea if they’re watching an over-air broadcast network that can’t shot butts or HBO where even more is shown.
So ridiculous. A naked body is unacceptable to them and yet shows like CSI are allowed to screen bloody violence, autopsies, etc. with no problems. What’s wrong with that picture?