U.S. Supreme Court to Assess FCC Indecency Rules

WASHINGTON, D.C.: The U.S. Supreme Court said today that it will review the FCC’s indecency laws to assess if they are in violation of the Constitution.

The Supreme Court said today that it will examine if the FCC regulations are in violation of the First Amendment—the right to free speech—and the Fifth Amendment, which protects against abuse of government authority in a legal procedure.

Broadcasters have taken issue with the FCC’s stringent indecency policy since 2004, when the regulator began imposing heavy fines for instances of profanity. Last year, a New York appeals court struck down the Federal Communications Commission’s policy on indecency, calling it a violation of the First Amendment. In the ruling, the court said that the FCC’s indecency rules are “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.”

One of the cases before the court included the use of fleeting expletives during the Billboard Music Awards when they aired on FOX in 2002 and 2003. On news of the Supreme Court review, a FOX spokesman is quoted as saying in published reports: "We are hopeful that the court will ultimately agree that the FCC’s indecency enforcement practices trample on the First Amendment rights of broadcasters."

An FCC spokesman is quoted as saying: "We are hopeful that the court will affirm the commission’s exercise of its statutory responsibility to protect children and families from indecent broadcast programming."

Today also saw the Supreme Court striking down a California law banning the sale of violent video games to children. The legislation, which had not yet been implemented, would have placed an outright ban on the sale or rental of video games classed as violent to those under the age of 18. Those who flouted the ban would have been hit with fines of up to $1,000.