The 8-0 vote by the Supreme Court this morning means broadcast networks have won their long fight against the FCC over current rules governing fleeting expletives and nudity during primetime programming. The justices didn’t rule on the constitutionality of the FCC’s policies, however, meaning that the Court believes the commission does have a say in regulating airwaves and that it can amend its rules for future application. The ruling in today’s case — in which ABC, CBS, NBC and Fox were parties — found that the FCC imposed unfair and excessive punishment over such instances on live and scripted shows, backing previous lower court decisions that threw out the tenents of the FCC’s no-tolerance policy, which includes huge fines against broadcasters. The now-famous incidents in question were a 2003 NYPD Blue episode on ABC that showed a woman’s naked body, and Fox’s telecasts of the 2002 and 2003 Billboard Music Awards, in which presenters Cher and Nicole Richie used profanity during the broadcast. “The commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent,” Justice Anthony Kennedy wrote for the majority. Said ABC in a statement: “We’re pleased with the decision of the Supreme Court regarding the episode of NYPD Blue, and we are reviewing the entire ruling carefully.”


8-0…total agreement by the Supreme Court. Glad to see this.
It happens all the time. Of the 100+ cases heard by the Court each year, the great majority are decided 6-3 or better, and frequently they’re unanimous, like this one.
All this noise about this being the most “divisive Court in history” is just that – noise.
Awesome news. The FCC clearly has no idea what it’s doing. How out-of-touch can you get?
They are not, nor should they be, an agency that enables shitty, lazy parents.
I wouldn’t call it landmark because they didn’t even touch the constitutionality issue. I’m surprised by the 8-0 ruling even though it was obvious the whole indecency crusade under the Bush administration was unconstitutional. How can you fine NYPD Blue for showing an ass in a scene when they had been doing that for over a decade with no prior issues from the FCC? The whole FCC indecency regime is unconstitutional, it was never much of an issue before though because the FCC never did anything when it came to TV indecency until the wardrobe malfunction and now a show like NYPD Blue would never make it on the air because of fear over FCC fines. The whole reason they were granted the ability to regulate in the 70′s was because broadcast TV had a uniquely pervasive presence in families and childrens lives and that is no longer the case. With cable TV, video games, internet, etc. I don’t think there is any media platform less popular with young people than broadcast television, just look at how old all the broadcast TV shows skewer compared to most of cable.
The FCC’s day has come and gone. They are way out of touch. They still think its 1950. Time for them to say goodbye