Praise, Criticism for FCC "NYPD Blue" Decision

PRAISE, CRITICISM FOR FCC "NYPD BLUE" DECISION
The Parents Television Council, which has been feeling like a red-headed stepchild of late due to the Federal Communications Commission's relative quiet on indecency enforcement, praised the Commission's proposed $1.4 million fine against ABC stations for a Feb. 25, 2003, episode of NYPD Blue. PTC president Tim Winter was quick to try to leverage that move, saying that ABC parent Disney should "step up" and pay the fine -- due Feb. 11 -- and that Congress should take action on a stalled bill that would give the FCC express authority to go after fleeting nudity and profanity. The American Civil Liberties Union, a longtime critic of government regulation of expression, labeled the FCC's latest fine "paternalism at its worst." “This is just another government attempt to trump our own good judgment and determine what we’re mature enough to see," ACLU counsel James Tucker said in a statement Monday. "NYPD Blue aired well past the bedtime of most children -- at 10 p.m. in most markets. Only those affiliates that aired the program between the hours of 6 p.m.-10 p.m. would be subject to the fine, which just goes to show the fickle nature of the FCC’s rules. By their logic, airing a shot of a bare behind at 10:30 p.m. is fine, but the same shot at 9:30 p.m. is worth millions in fines and penalties." He continued, “It’s also worth noting that ABC included a warning before NYPD Blue indicating that the program was intended for mature audiences only. Such warnings allow audiences to decide for themselves whether they want to see the content or permit their children to see the content. Instead, the government is stepping in to chill free speech and the free expression of ideas by ‘parenting the parents.’"

Copps: FCC Not Asleep at Indecency Switch
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission member Michael Copps said he reviewed the NYPD Blue clip that drew a $1.4 million fine last week and concluded that it was indecent. Asked what broadcasters’ takeaway from that proposed fine should be, Commissioner Copps said, "The FCC is not asleep at the switch on this issue and we remain alive to our statutory responsibilities to be responsive to complaints." He added that the FCC's continuing concern was reflected in the unanimous judgment of the commissioners on the item.
http://www.broadcastingcable.com/article/CA6526761.html?rssid=193

* PTC Praises FCC’s Proposed NYPD Blue Fine
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA6526181.html?rssid=193

* PTC statement
http://www.parentstv.org/PTC/publications/release/2008/0125.asp

* ACLU Lashes Out at FCC for NYPD Blue Fine
http://www.broadcastingcable.com/article/CA6526436.html?rssid=193

* ACLU statement
http://www.aclu.org/freespeech/33823prs20080128.html