From the New York Times:
A federal appeals court struck down a Federal Communications Commission policy on indecency Tuesday, saying that regulations barring the use of “fleeting expletives” on radio and television violated the First Amendment because they were vague and could inhibit free speech.
...
In a unanimous three-judge decision, the Court of Appeals for the Second Circuit in New York said that the F.C.C.’s current policy created “a chilling effect that goes far beyond the fleeting expletives at issue here” because it left broadcasters without a reliable guide to what the commission would find offensive.
The appeals court emphasized that it was not precluding federal regulation of broadcast standards. “We do not suggest that the F.C.C. could not create a constitutional policy,” the court said. “We hold only that the F.C.C.’s current policy fails constitutional scrutiny.”
More from ScotuBlog.
This is the latest stage of the saga of FCC v Fox, which is more about the vagueness of rules rather than speech -- as far as I can tell anyway. The FCC may be able to punish broadcasters for these outbursts, but it has to be able to clearly and non-capriciously define them. That seems to be a difficult thing to do.
- What is a fleeting expletive?
