Groups slam court’s decision on FCC indecency rule

Parents groups and child safety advocates slammed the Second Circuit Court of Appeals’s decision on Tuesday to strike down the Federal Communications Commission’s policy of fining broadcasters for expletives uttered on live television.

The court found Tuesday that the FCC’s policy made broadcasters reluctant to carry live events for fear they would incur huge fines for circumstances beyond their control, resulting in a self-censorship that violates the First Amendment. Groups like the Parents Television Council have responded by arguing the decision greenlights the broadcasting of profanity at any time of day.

“Let’s be clear about what has happened here today: A three-judge panel in New York once again has authorized the broadcast networks unbridled use of the ‘f-word’ at any time of the day, even in front of children,” said PTC President Tim Winter, who urged FCC chairman Julius Genachowski to appeal.

Both sides expect the case to advance to the Supreme Court, which already upheld the policy once on procedural grounds but sent it back to the Second Circuit Court for discussion on constitutional issues.

“The court substituted its own opinion for that of the Supreme Court, the Congress of the United States, and the overwhelming majority of the American people. For parents and families around the country, this ruling is nothing less than a slap in their face,” Winter said.

Former FCC special advisor and current CEO of Concerned Women for America Penny Nance was similarly critical of the court’s devision.

“Today’s 2nd circuit court of appeals decision flies in the face of American parent’s efforts to protect children from indecent content on the publicly owned airwaves,” Nance said. “The three-judge panel has struck down the FCC’s ability to fine broadcasters who callously use the ’f-word’ and other expletives even when scripted at any time for any reason.”

Winter stressed that his organization is not advocating censorship, only that broadcasters ensure children are not exposed to indecent material.

“The indecency law doesn’t prohibit broadcasters from airing indecent material; it only requires that indecent material air outside the hours when children are likely to be in the audience,” Winter said.