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FCC Policies on Indecency too Vague, Court Says

By Dan Pepper (110 words)
Posted in Entertainment Law on July 14, 2010

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In a victory for free speech rights, the U.S. Court of Appeals for the 2nd Circuit said the Federal Communication Commission's (FCC) rules on indecency are too vague and violate the First Amendment.

On Tuesday, the appeals judges called the FCC's policy, in place since 2004, "unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here." The vagueness left broadcasters uncertain about what they could air, which impinged on their freedom of speech, the judges said.

We hope this decision will ultimately carry over into other forms of media, including the Internet, to provide some form of objectivity when it comes to various forms of expression.

 

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