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Attorney Discusses Recent FCC Ruling on Fleeting Obscenity

We speak to a media attorney about a recent court ruling striking down the Federal Communication Commission's new standards for obscenities broadcast during programming.

Attorney Discusses Recent FCC Ruling on Fleeting Obscenity

Tom Fudge: In 2004, we learned a new expression following the Super Bowl halftime show, which was “wardrobe malfunction.” You may remember it refers to the fact that singer Janet Jackson had one beast exposed during her routine. As a result of that and other off-color broadcast moments, the Federal Communications Commission has chosen to impose some very tough fines on broadcasters. Largely, this has been applied to the use of profanity on regulated TV and radio stations. Broadcasters complained that they have been in danger of losing hundreds of millions of dollars for allowing the f-word, for instance, on the air. Free speech advocates add that regulating language so strictly is an insult to the First Amendment.

Well, early this month, a U.S. appeals court in New York, made a ruling in this case that may get the FCC to ease up.

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