A Supreme Court ruling regarding FCC indecency rules for broadcast TV calls for less vague standards but seems to back the public interest in safeguarding children from vulgarities and nudity on public airwaves. It will now be up to the FCC to provide a clear set of standards regarding what is to be labeled acceptable or not, in this manner temporarily skirting any ruling involving the First Amendment.
In it’s ruling on Thursday, the US Supreme Court took the 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, more clear set of standards.
The FCC is going to have a lot on it’s plate. 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.
