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 © 2025 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

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

GirlsDoPorn Owner Michael Pratt Sentenced to 27 Years

Michael Pratt, former owner of the website GirlsDoPorn, has been sentenced to 27 years in federal prison.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

Show More