From yesterdays oral argument before the Second Circuit Court of Appeals in the case of Fox Television vs. Federal Communications Commission. How ironic is it that a case dealing with the FCC results in expletives being aired censor-free on national television?
Fox Television is challenging the FCC's indecency standards and the way it punishes broadcasters for airing shows that contain profanity. The network argues that the government is violating the First Amendment by embarking on a "radical reinterpretation and expansion" of its power to punish broadcasters for indecent speech. Fox Television contends that the FCC sharply changed its standards for profanity, that the standards are vague and make little sense in the face of industry changes. The FCC fined Fox for language used by Cher and Nicole Richie on the live broadcasts of the 2002 and 2003 Billboard Music Awards, respectively.
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