Indecency Ruling Against Fox TV Tossed Out

NEW YORK — A federal appeals court vacated a 2006 indecency ruling against the Fox TV network Monday. In a 2-1 decision, the U.S. Court of Appeals for the 2nd Circuit in New York ruled that the FCC went too far in issuing a 2006 indecency decision against Fox for separate incidents in 2002 when singer Cher said, "Fuck 'em," and in 2003 when celebrity Nicole Richie said, "It's not so fucking simple," live on television at the Billboard Music Awards.

In 2004, the Federal Communications Commission ruled that the broadcast use of the word "fuck" almost always violates federal indecency statutes. These incidents occurred before that ruling, so the agency did not call for fines but still ruled that the broadcasts were indecent.

Fox appealed the FCC ruling, arguing that the profanities were fleeting and that the FCC's 2004 rule set a dangerous precedent against free speech.

On Monday the court sided with Fox, vacating the ruling.

"We find that the FCC's new policy regarding 'fleeting expletives' represents a significant departure from positions previously taken by the agency and relied on by the broadcast industry," the decision said, going on to state that the majority opinion found that the FCC failed to "articulate a reasoned basis for this change in policy."

Attorney Jeffrey Douglas, who specializes in 1st Amendment cases, agrees. "The FCC has far more discretion than the 1st Amendment can tolerate," he told XBIZ. "In the last six years, they have been systematically abusing that authority by acting arbitrarily, not following their own rules, not following anything."

"The significance of this ruling is that it avoids the FCC playing games to try and evade judicial review. They specifically chose not to fine Fox and then turned around and argued that because they didn't fine Fox, Fox had no standing to review their findings. That is, essentially a cheap trick, and it's wonderful that the court of appeals saw through that trick."

In a separate case, CBS Corp. is challenging the FCC's indecency ruling against singer Janet Jackson's "wardrobe malfunction" at the 2004 Super Bowl halftime show. That case is pending.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Show More