LAWFUEL – Law Newswire – In a major victory for TV networks, a U.S. appeals court on Monday overruled federal regulators who decided that expletives uttered on broadcast television violated decency standards, Reuters report.
The U.S. Court of Appeals for the Second Circuit in New York, in a divided decision, said that the U.S. Federal Communications Commission was “arbitrary and capricious” in setting a new standard for defining indecency.
The court sent the matter back to the commission for further proceedings to clarify its indecency policy. The FCC, which said it was still studying the opinion, could decide to ask the U.S. Supreme Court to reverse the appeals court.
The FCC ruled in March 2006 ruling that News Corp.’s (NWSa.N: Quote, Profile , Research) Fox television network had violated decency rules when singer Cher blurted “fuck” during the 2002 Billboard Music Awards broadcast and actress Nicole Richie used a variation of that word and “shit” during the 2003 awards.
