The Supreme Court on Thursday threw out fines and other penalties
against TV broadcasters that violated the FCC’s policy on curse words
and nudity, but declined to rule on whether the policy itself violates
free speech.
As the Associated Press
explains, the FCC amended their indecency policy in 2004, leaving
broadcasters liable for a single expletive, or for brief nudity shown on
television, including live broadcasts. But in unanimous opinion penned by Justice Anthony Kennedy,
the high court ruled that the commission didn‘t adequately explain the
policy, making it impossible for broadcasters to know ahead of time that
“a %uFB02eeting expletive or a brief shot of nudity could be actionably
indecent.” The FCC should have given fair notice of the policy changes,
the court concluded, basing the decision on constitutional due process.
