Sherri L. Smith

July 14, 2010 | District

Unconstitutionally Vague: Court Rules Against FCC Indecency Policy

arlier today, the U.S. Court of Appeals for the 2nd Circuit ruled that the FCC rules on indecency aren’t clear enough and are in violation of the First Amendment. The FCC rules were declared “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” The court ruling drew heavy basis for the FCC’s inability to keep up with the rapid pace of technology. As it stands, the FCC levies heavy fines on broadcast television as seen in the Janet Jackson wardrobe malfunction. When it comes to online viewing, there are little to no rules regarding content decency.

According to the Washington Post, this is no longer enough.

“The past thirty years has seen an explosion of media sources, and broadcast has become only one voice in the chorus,” the judges said in their opinion.

With often unclear guidelines to follow and fines reaching upwards of $325,000 for a single F-bomb, broadcasters have refrained from showing certain programs instead of incurring the wrath of the FCC. Earlier this year, the FCC suffered another legal setback when the courts found that the FCC didn’t have the authority to oversee users’ broadband access.

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