Indecency Fight Likely to Linger Past Election

An appellate court's decision overturning the Federal Communications Commission's fines for the Janet Jackson Super Bowl "wardrobe malfunction" could push the indecency fight to post-Bush versions of the FCC and Congress. Lawyers and former FCC officials said the decision's timing, together with the Supreme Court's plan to hear oral arguments on a different indecency case this fall, suggest the FCC could be forced to temporarily hold off crafting new indecency rules. Even a slight delay could push a vote past the Jan. 20 inaugural. Congressional sources said although some legislators support regulations giving the FCC greater authority to act on indecency—perhaps against cable as well as broadcasters—the ruling arrived just as legislators are ready to depart for the August recess. With the political campaign likely to keep any fall session short, several legislative aides said action isn't likely until next year. Still, there is interest in acting on the issue.