A federal appeals court has ruled that the Federal Communications Commission cannot fine ABC and selected affiliates $1.2 million for airing a 2003 episode of NYPD Blue that showed actress Charlotte Ross' nude buttocks, citing the FCC's unconstitutionally vague rules, The Associated Press reports.
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The 2nd Circuit Court of Appeals in New York said Tuesday that the decision was in line with its previous ruling that TV stations can no longer be fined for fleeting, unscripted profanities uttered during live broadcasts. In July, the appeals court ruled that the FCC's indecency policy violated First Amendment rights and was unconstitutionally vague.
In its Tuesday ruling, the three-judge panel wrote that there was "no significant distinction" between its decision in the expletives case and the NYPD Blue case.
Court rules FCC indecency policy "unconstitutionally vague"
"According to the FCC, 'nudity itself is not per se indecent,'" the judges wrote. "The FCC, therefore, decides in which ...
When Chris Harrison hosts TV Guide Network's red-carpet show before the 62nd Primetime Emmy Awards, one thing he'll be prepared for is fashion talk. "You can't shy away, fashion's important, that's what a lot of people want to see," he told TVGuide.com. Harrison also discusses his preparations, what shows he's rooting for, and why he wants Jim Parsons and Sofia Vergara to win.
A federal appeals court struck down the Federal Communications Commission's indecency policy Tuesday, calling it "unconstitutionally vague" and a violation of the First Amendment.
The ruling is a big victory for broadcast networks, which challenged the policy in 2006 after the FCC said unscripted expletives said on live broadcasts violated indecency rules and were subject to fines.
The three-judge panel of the New York-based U.S. Court of Appeals for the 2nd Circuit ruled that the policy could create a "chilling effect that goes far beyond the fleeting expletives at issue here."
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