Court Throws Out FCC Fine Against ABC For 'NYPD Blue' [telecom]

Used previous judgment in Fox music awards case as basis for Decision By John Eggerton -- Broadcasting & Cable, 1/4/2011

The Second Circuit Court of Appeals has thrown out the FCC's > fine against ABC for a shot of Charlotte Ross' bare behind on > NYPD Blue. > In a nonprecedential summary judgment, the court said that > since it found that the FCC's fine "for fleeting, unscripted > utterances" in Fox music awards shows was unconstitutionally > vague, and the NYPD Blue case, though dealing with scripted > nudity, "turns on an application of the same context-based > indecency test" it found impermissibly vague in Fox, the court > agreed to vacate the NYPD Blue fine for the same reason of > vagueness.

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Obtelecom: None, but it's weird enough that I'll bet Bill lets it go through anyway.

Neal McLain

***** Moderator's Note *****

It's not the weirdness that I notice, but the possibility that the FCC and/or FDA and/or FTC will start to draw lines between "common carriers" (the ISPs who aren't providing content) and "content creators", i.e., everyone else.

The relevance to telecom is that it's getting harder to even define a "common carrier", let alone to decide who, if anyone, can be held responsible for prurient material.

Bill Horne Moderator

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Neal McLain
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