After Supreme Court ruling, FCC must give clear indecency standards

[Commentary] The US Supreme Court took the wise step of affirming the federal government’s ability to regulate indecency in the public airwaves. But to protect free speech, the justices also insisted that TV broadcasters deserve “fair notice” on what is considered indecent. The 8-to-0 decision overturns hefty fines imposed on Fox and ABC for their airing of “fleeting expletives” and momentary nudity during broadcasts a decade ago. And it pushes the Federal Communications Commission (FCC) to now come up with new – and less vague – standards. Those new rules need to satisfy a public interest in safeguarding children in the home while also meeting a constitutional requirement to provide enough clarity so that broadcasters don’t censor themselves simply out of fear. This is a fine line to walk. The FCC has its work cut out for it. Defining indecency is as troublesome as knowing how to regulate it with fairness. No doubt courts will revisit any new FCC rules. But for now the court has struck the right balance between vice on TV and the vice of legal vagueness.