A federal appeals court stated Tuesday that the FCC’s indecency rule against profane language on radio and television broadcasts is “unconstitutionally vague,” explaining that it violates the 1st Amendment’s protection of free speech. The ruling went into effect in 2004 after a battle between the FCC and Fox Broadcasting, when the FCC complained that Fox aired several obscenities during live broadcasts with Cher and Nicole Richie. Racy content also upset the FCC – who could forget Janet Jackson’s infamous “wardrobe malfunction” during that year’s super bowl halftime show? As a result, profanities and indecent material were forbidden to air between 6AM and 10PM, but for now this rule is off the books. Will the FCC appeal? Is this a victory for television networks, and if so, how will they handle it?
Guests:
Eugene Volokh, Professor of Law at the UCLA School of Law
Melissa Henson, Director of Communications and Public Education, Parents Television Council