Court Upholds FCC Authority Over Broadcast Indecency

by S.T. Karnick

The U.S. Supreme Court has upheld the FCC’s authority to impose fines on broadcasters for allowing obscene language on the air.

By a 5-4 majority the Court ruled that the Federal Communications Commission did not violate the federal Administrative Procedure Act in its 2006 decision that the Fox TV network had violated decency rules in 2002 and 2003 when singer Cher and actress/TV personality Nicole Ritchie blurted out expletives on live television in separate incidents. The FCC did not actually impose any fines in the case at issue.

The Court will likely be asked to rule on the constitutionality of the FCC policy as broadcasters challenge the ruling on constitutional grounds. (more…)