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Second Circuit stunningly finds FCC's indecently policy unconstitutional.

By Marks & Katz, LLC

Last year, I blogged about the Supreme Court's 5-4 decision permitting the FCC to fine broadcasters for fleeting expletives, and leaving the Second Circuit to consider remaining Constitutional matters.  On July 13, 2010, the Second Circuit found that the FCC's indecency policy is unconstitutionally vague. Fox, et al. v. FCC, __ F.3d _ (2d Cir., July 13, 2010). This result is absolutely and wonderfully stunning.  Here is among the best quotes from Fox v. FCC (be forewarned of salty language):  For instance, while the FCC concluded that ?bullshit? in a ?NYPD Blue? episode was patently offensive, it concluded that ?dick? and ?dickhead? were not. Omnibus Order, 21 F.C.C. Rcd 2664, at ¶¶ 127-128. Other expletives such as ?pissed off,? up yours,? ?kiss my ass,? and ?wiping his ass? were also not found to be patently offensive...continue to full post

Full post as published by Underdog on July 15, 2010 (boomark / email).