The United States: Court tosses out $1.2M indecency fine against ABC

[Danee]

By Dow Jones Newswires-Wall Street Journal
Posted Tuesday at 1:23 p.m.

A federal appeals court on Tuesday tossed a $1.2 million indecency fine the Federal Communications Commission imposed against ABC Television affiliates for airing a 2003 episode of “NYPD Blue,” which showed a woman’s naked bottom.

It was just the latest in a series of victories for broadcasters, who have spent the last few years challenging the U.S. government’s effort to police airwaves and fine stations for racy content.

ABC appealed the fine last summer after a panel of the U.S. Circuit Court of Appeals for the 2nd Circuit ruled that the FCC’s indecency rules were “unconstitutionally vague.” The court ruled in a case involving Fox Television, which was sanctioned for airing unbleeped expletives on several live awards shows.

Fox Television is a division of News Corp., which owns The Wall Street Journal.

The panel’s decision effectively gutted the FCC’s ability to enforce indecency rules on television and radio stations. The agency appealed the decision to the full appeals court in August and that case remains pending.

On Tuesday, the 2nd Circuit court sided with ABC and tossed the FCC’s “NYPD Blue” indecency fine, saying that there was “no significant distinction between this case” and the Fox case.  “Although this case involves scripted nudity, the case turns on the application of the same context-based indecency test that (the court) found ‘impermissibly vague,’ ” the court wrote.

In 2008, the FCC imposed a $27,500 fine against 44 ABC affiliates for airing a 2003 episode of the now-canceled crime drama “NYPD Blue,” which featured a seven-second shot of a woman’s naked buttocks and the side of one of her breasts as she prepared to take a shower.

During the scene, a young boy entered the bathroom and saw the woman, who was dating his father. ABC argued the scene wasn’t indecent and helped show the awkwardness that can occur when parents divorce and change romantic partners.

An FCC spokeswoman didn’t immediately comment on the court’s decision or whether the agency would appeal.

ABC said in a statement that it was pleased with the decision. “We have always believed that this 2003 episode of the long-running and acclaimed series NYPD Blue was not indecent and that the fines were unwarranted and unconstitutional.”

From: http://chicagobreakingbusiness.com/2011/01/court-tosses-out-1-2m-indecency-fine-against-abc.html

[Dan]

The panel’s decision effectively gutted the FCC’s ability to enforce indecency rules on television and radio stations. The agency appealed the decision to the full appeals court in August and that case remains pending.

The bold part is the best news of it all. I hope the FCC loses its appeal.

[brandon]

It's a good thing FCC decisions can be appealed through the courts. (Well, at least in this case.)

[Lisa2408]

In terms of sexuality on TV USA is particularly backward.
On the one hand, the U.S. is the world's largest producer of pornographic films and magazines. on the other hand there is the prudish America, where even a naked female breast or a naked butt screaming for censorship.
In my eyes this is just bigoted.
I think some of these so-called guardians of public morals still live at home as in the days of the Mayflower and these people have nothing, absolutely nothing to learn.
In Europe we see in many movies, series and also in advertising very much naked skin.
Here has the time, thank God, did not stop.

[grapesmugg_3]

The prudes who try to keep a naked butt off tv also probably think that porn is horrible and should be completely stopped.

[Dan]

On the one hand, the U.S. is the world's largest producer of pornographic films and magazines. on the other hand there is the prudish America, where even a naked female breast or a naked butt screaming for censorship.

I don't find it hypocritical in the least. The United States stand for freedom of speech, some even say it's a big part of what it's about. This means that the US will produce a lot of things that offend a large part of its population. As long as they don't succeed, we're in the clear.

Also, here's another song dedicated to the FCC. This time from Eric Idle:

"The FCC Song" Music Video--Song by Eric Idle--UNCENSORED

[Dan]

Those songs are great! And I agree with Lisa that the American media is very backwards and needs to be rethought.

I'd argue that the American public is very backwards and needs to be rethought. The media won't sell what people won't buy.

[Historybuff83]

Definitely would agree with the previous posters, the media just gives us what we want.  The current media situation is a bed that the American people made that we must lie in now.