Emotive Speech and Fleeting Expletives

Media Law Prof Blog

Wat Hopkins, Virginia Tech, has published When Does F Not Mean F : FCC v. Fox Television Stations and a Call for Protecting Emotive Speech, at 64 Federal Communications Law Journal 1 (2011). Here is the abstract. The Supreme Court

Reaction To the "Fleeting Expletives" Decision

Media Law Prof Blog

From the New York Times, an article on the 2nd Circuit unanimous decision regarding the FCC's "fleeting expletives" policy

Trending Sources

Second Circuit Strikes Down FCC’s “Fleeting Expletive” Rule

The Legal Satyricon

Broadcasters and free speech wonks scored a major victory today as the Second Circuit Court of Appeals struck down the FCC’s “fleeting expletive&# rule for chilling protected speech because the rule was unconstitutionally vauge. The fleeting expletive prohibition required broadcasters to monitor live broadcasts and censor naughty words or face fines upwards of $300k. [.]. Huzzah!

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FCC Petitions For Rehearing Of Second Circuit Fox "Fleeting Expletives" Ruling

Media Law Prof Blog

The FCC has decided to appeal the 2d Circuit's ruling striking down its "fleeting expletives" policy on constitutional grounds. The agency is asking the court to reconsider its ruling, either via a three judge panel or en banc. Link to

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Second Circuit Strikes Down "Fleeting Expletives" Policy On Constitutional Grounds

Media Law Prof Blog

The Second Circuit has ruled in favor of Fox Broadcasting and other media and against the FCC in the "fleeting expletives" case. Said the Court, We now hold that the FCC’s policy violates the First Amendment because it is unconstitutionally

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Comments Due May 20 on FCC Inquiry on Indecency Rules

Broadcast Law Blog

We recently wrote about the FCC’s request for comments on how to enforce its indecency policy , and how to deal with the backlog of hundreds of thousands of complaints pending at the FCC. The FCC has now set the dates for comments in this proceeding – with initial comments due on or before May 20, 2013. Indecency fleeting expletive

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Reargument In Fox v. FCC Case Heard January 13, 2010

Media Law Prof Blog

FCC (2nd Circuit) case ("fleeting expletives") (via CSPAN Reargument in the Fox v.

FCC Decides to Appeal Indency Cases to Supreme Court

Broadcast Law Blog

The FCC's indecency rules have, in recent months, twice been declared unconstitutional by the US Court of Appeals for the Second Circuit - essentially finding that the FCC's policies imposed unconstitutional restrictions on speech as they did not give broadcasters any way of determining what was permitted and what was prohibited. So it may well be more than a year before we see a decision, which may bring some clarity as to what kind of indecency enforcement the FCC is able to do.

Entertainment Law Update Podcast Episode 13

Gordon P. Firemark

Fleeting Expletives. FCC “fleeting expletives policy ruled unconstitutional. Court Tosses FCC’s Indecency Policy | TheWrap.com. Second Circuit Strikes Down “Fleeting Expletives&# Policy On Constitutional Grounds.

Further Analysis on the 2nd Circuit Decision to Invalidate the FCC's Policy on "Indecent" Broadcasts

Broadcast Law Blog

As we wrote earlier this week , the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC's indecency rules , finding that the rules were too vague and had an undue chilling effect on broadcasters. FCC and have released an advisory with further analysis. Tags: Bono FCC indecency rules Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

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Further Analysis on the 2nd Circuit Decision to Invalidate the FCC's Policy on "Indecent" Broadcasts

Broadcast Law Blog

As we wrote earlier this week , the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC's indecency rules , finding that the rules were too vague and had an undue chilling effect on broadcasters. FCC and have released an advisory with further analysis. Tags: Bono FCC indecency rules Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

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FCC Seeks Comments on Its Indecency Policy - How Should the Commission Enforce Its Policies After Last Year's Supreme Court Ruling?

Broadcast Law Blog

The FCC's indecency policy has been in limbo since last year's Supreme Court decision determining that the Commission's fines on broadcasters for fleeting expletives had not been adequately explained before being imposed. On Monday, the FCC took a step to clarifying that policy by asking for public comments on what it should do now. So watch for the comment deadlines and how the FCC's policies will adopt in light of these public comments.

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Why the "S" Word, "F" Word At Oral Argument During That Fleeting Expletive Case

Media Law Prof Blog

FCC oral arguments of a few weeks back. Tony Mauro of the Blog of Legal Times passes on this tidbit from the Fox v. Justice Ruth Bader Ginsburg reviewed the case, as well as some other things, at an appearance

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June 19 Comment Date on Indecency Policies - What the FCC is Not Proposing to Do, No Matter What the Internet May Say

Broadcast Law Blog

Given this extension, it is worth reviewing what the FCC proposed to do in this proceeding, as there is a significant amount of misinformation circulating in certain publications and in rumors floating around the Internet about the scope of the proceeding and the FCC''s intent in launching its inquiry. While these claims make for interesting reading, the truth is much more boring, and demonstrate that the FCC has little choice but to ask for these comments.

Court of Appeals Strikes Down FCC Indecency Rules

Broadcast Law Blog

The US Court of Appeals for the Second Circuit today struck down the FCC's indecency rules , finding that the rules were so vague as to not put broadcasters on notice of what programming was prohibited and what was permitted. The Supreme Court's decision did not resolve all questions about the FCC's rules, instead only deciding that the lower court's prior decision voiding the rules was not justified. The FCC could appeal this case back to the Supreme Court.

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Court of Appeals Strikes Down FCC Indecency Rules

Broadcast Law Blog

The US Court of Appeals for the Second Circuit today struck down the FCC's indecency rules , finding that the rules were so vague as to not put broadcasters on notice of what programming was prohibited and what was permitted. The Supreme Court's decision did not resolve all questions about the FCC's rules, instead only deciding that the lower court's prior decision voiding the rules was not justified. The FCC could appeal this case back to the Supreme Court.

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Tony Mauro on the FCC v. Fox Decision

Media Law Prof Blog

The Legal Times' Tony Mauro discusses the Supreme Court's 5-4 "fleeting expletives" decision here

Janet Jackson Case Sent Back to Court of Appeals - Could There Be An Even Greater Impact on Broadcast Regulation?

Broadcast Law Blog

In light of the recent decision upholding the FCC's right to sanction licensees for violations of the FCC's Indecency rules for " fleeting expletives " in the Golden Globes and Billboard music awards, i.e. isolated profanity on the airwaves, the Supreme Court also remanded the Janet Jackson case to the Court of Appeals.

Broadcast Indecency Can't Hide - A Candidate for Governor, a TV Newscaster, Saturday Night Live and the Clothing Malfunction

Broadcast Law Blog

These incidents come on the heels of the FCC releasing its statistics on complaints that it had received in the first quarter of this year (reflecting many indecency complaints in the last month), while the Commission has asked the Court of Appeals for the opportunity to reexamine its decision in the Janet Jackson case to determine if any violation of the indecency rules was "willful." In the past, fleeting expletives were just that - fleeting.

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FCC Proposes Fine of $325,000 in TV Indecency Case – What Prompted this Largest Fine Ever for a Single Incident?

Broadcast Law Blog

The FCC set a new record for a fine for a single violation of its indecency rules – $325,000 for a 3 second visual image of a penis run in a corner of a TV screen a single time on a TV station during its 6 PM news (a full description of the image is in the FCC’s Notice of Apparent Liability but, so as to not trigger too many spam filters, I will omit any more details in this article). And what about the fact that the FCC’s own rules are currently under review?

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Looking at the FCC’s Indecency Rules – Does Anyone Know What’s Prohibited and What’s Permitted?

Broadcast Law Blog

The Post article presents a very good overview on the status of the FCC’s indecency rules. As we wrote when comments were filed in that proceeding , it drew much attention, with many commenters fearing that the FCC would back away from all indecency regulation on broadcast TV. But, as the Roanoke case shows, even without clear rules on all content, if a broadcaster goes too far, the FCC will crack down. FCC Fines Indecency Noncommercial Broadcasting Programming Regulations

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Ten Years After Janet Jackson’s Super Bowl Clothing Malfunction, FCC Indecency Rules Remain in Limbo

Broadcast Law Blog

10 years ago, Janet Jackson had her infamous Super Bowl wardrobe malfunction incident which started a firestorm at the FCC for the next several years, as it ignited many calls to more aggressively regulate indecency on the airwaves. But, in reality, what the incident did was to highlight just how difficult it is for the FCC to enforce any sort of indecency rules, as the issue raised at that time continue to be debated at the FCC right up to the present day.

Broadcast Indecency Can't Hide - A Candidate for Governor, a TV Sportscaster, Saturday Night Live and the Clothing Malfunction

Broadcast Law Blog

These incidents come on the heels of the FCC releasing its statistics on complaints that it had received in the first quarter of this year (reflecting many indecency complaints in the last month), while the Commission has asked the Court of Appeals for the opportunity to reexamine its decision in the Janet Jackson case to determine if any violation of the indecency rules was "willful." In the past, fleeting expletives were just that - fleeting.

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FCC v. Fox Television Stations (07-582)

Entertainment Law

At issue in the case. * “fleeting expletives&# on broadcast TV. * According to CNN’s recording of events in this case: A federal appeals court in New York last year ruled in their favor, calling the FCC’s policy “arbitrary and capricious.&#. The crux of the issue concerns a number of fleeting expletives by celebrities and indecency on television shows.

Gordon P. Firemark - Untitled Article

Gordon P. Firemark

Fleeting Expletives. FCC “fleeting expletives policy ruled unconstitutional. Court Tosses FCC’s Indecency Policy | TheWrap.com. Second Circuit Strikes Down “Fleeting Expletives&# Policy On Constitutional Grounds.

What does the Supreme Court Indecency Decision Mean for the Long Pending License Renewal Applications?

Broadcast Law Blog

Supreme Court found the FCC's enforcement of its indecency policy unconstitutional in FCC v. While the Supreme Court did NOT address the First Amendment issue of whether the FCC can constitutionally prohibit fleeting expletives and momentary nudity, it did find that the FCC's enforcement of those policies with regard to these particular shows violated due process, because the networks had no advance notice of them. As you know by now, last week the U.S.

Looking Into the Crystal Ball - What Can Broadcasters Expect from Washington in 2010?

Broadcast Law Blog

Each year, when we look at what might be coming, we are amazed at the number of issues that could affect the industry – often issues that are the same year to year as final decisions are often hard to come by in Washington with the interplay between the FCC and other government agencies, the courts and Congress. The new administration at the FCC is only beginning to get down to business, having filling most of the decision-making positions at the Commission.