Constitutional Law,
Administrative/Regulatory
Oct. 16, 2012
FCC rethinks indecency
The FCC is taking a closer look at its indecency enforcement policy in an effort to ensure "the agency carries out Congress' directive in a manner consistent with vital First Amendment principles."
A new trend is developing regarding the Federal Communication Commission's policy toward indecency and broadcast television mostly as a result of broadcasters having pushed the envelope with a number of highly publicized incidents such as partial nudity on ABC during prime time and Janet Jackson's Super Bowl wardrobe malfunction. These incidents and the challenges to FCC fines in turn have resulted in recent Supreme Court decisions that favor broadcasters and have moved the indecency lin...
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