FCC Defends Cussing Crackdown

FCC DEFENDS CUSSING CRACKDOWN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Saying broadcasters have "only limited First Amendment protection," that the V-chip is "ineffective," and that they gave the industry notice it was changing policy on swear words, the FCC Wednesday both defended its profanity findings against cussing in Fox's Billboard Music Awards and defended the underpinnings of its entire indecency enforcement regime. That defense came in its filing to the Second Circuit Court of Appeals of a brief responding to a broadcaster challenge of four profanity rulings issued last March. Saying that the Pacifica case -- the so-called Seven dirty words Supreme Court decision -- upholding its indecency enforcement powers was "good law," the FCC disputed Fox's contention that its definition of indecency is unconstitutionally vague. The FCC said that the Pacifica decision "endorsed the same definition," and said that Fox's broadcast of the words "fudge" and "shoot" [OK, maybe something a little stronger than that] lie far from any zone of uncertainty that might exist at the margins of the indecency standard's application." The FCC said it is free to change its policy if it explains it, argues that it did explain it, and says the broadcaster contentions are meritless.
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