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Tag Archives: FCC
Reassessing “Decency”
On Monday, June 27th, the Supreme Court announced that upon returning from its summer recess in October, it would revisit the Federal Communication Commission’s rule that allows it to fine broadcasters for “indecency.” Last year, the New York-based 2nd U.S. … Continue reading
Posted in Allegra Simon
Tagged 1st Amendment, censorship, FCC, FCC v Fox, media, self-censorship, Supreme Court
2 Comments
Second Circuit Strikes Down FCC Regulations on Fleeting Expletives on Constitutional Grounds
There is some good news in the prolonged battle of fleeting expletives in the media, FCC v. Fox Television Stations. The Second Circuit Court of Appeals has ruled that the FCC’s ban on fleeting expletives is unconstitutionally vague. This comes … Continue reading
Posted in Paul Rozenberg: Author
Tagged chilling effect, FCC, fleeting expletives, free speech, SCOTUS
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Setback for net neutrality
On Tuesday, a federal appeals court dealt a legal setback to supporters of “net neutrality.” The court ruled (Comcast v. FCC) that the FCC does not presently have the authority to control an ISP’s network management practices and therefore cannot require … Continue reading
The FCC Favors Net Neutrality
On Monday, FCC Chair Julius Genachowski announced the commission’s support of net neutrality, a principle which holds that Internet Service Providers (e.g. Comcast, Verizon, Time-Warner, AT&T) should not be permitted to discriminate against specific online content or applications and privilege other content … Continue reading
A brief history of music censorship
To view the full image, click the image above.
Fleeting Expletives and the 9-Second Nipple: The Supreme Court Defers to the FCC’s Decision Making in FCC v. Fox & FCC v. CBS
On Tuesday April 28, the Supreme Court handed down a decision in the matter of FCC v. Fox Television Stations, which on its face appears to be hostile to free speech interests.
In a 5-4 decision, the Court sided with the FCC, finding that the agency had not been arbitrary or capricious in its sanctioning of Fox Television Stations, Inc. over two instances of live broadcasts where the F- and S- words were uttered. The FCC had determined that these instances of “fleeting expletives” were indecent, but not protected by the First Amendment— despite a long standing tradition of fleeting instances of indecent content being immune from FCC sanctions.
Every cloud has its silver lining, however. This case’s silver lining is that it will ultimately be fantastic for free expression, in that Justice Antonin Scalia, in writing for the majority, declined to make a decision regarding the constitutionality of the FCC’s new policy regarding fleeting expletives, instead sending the case back to the lower court for further deliberation on this issue. Continue reading
Posted in Jennifer Liebman: Author
Tagged cbs, FCC, fcc v cbs, FCC v Fox, first amendment, fleeting expletives, justice antonin scalia, Supreme Court
1 Comment
After COPA: Does Congress want to protect First Amendment freedom online?
It’s censorship projection day today. Leslie Harris, President and CEO of the Center for Democracy & Technology weighs in on the political landscape for internet censorship post-COPA at the Huffington Post: So what happens next? Will Congress once again beat … Continue reading
Posted in Sarah Falcon: Author
Tagged congress, copa, FCC, internet censorship, Obama, v-chip
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FCC plan to remove porn filtering from internet plan
Kevin Martin, the Chair of the Federal Communications Commission, is still working to push a plan to create a free wireless broadband network. Public Knowledge, which supports the plan, writes: We appreciate the potential of a new service that could … Continue reading
Posted in Sarah Falcon: Author
Tagged broadband, FCC, kevin martin, porn filter, tech news, wireless
1 Comment
Rogue censorship
Editorial from the Detroit Free Press: Television broadcasts shouldn’t be filled with curse words uttered without regard to purpose, time of day or relevance. But it’s equally true that the Federal Communications Commission, which has adopted increasingly aggressive but vaguely … Continue reading
Posted in Sarah Falcon: Author
Tagged censorship, decency, FCC, National Coalition Against Censorship, NCAC, Supreme Court
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The Supreme Court debates fleeting expletives
CommLaw Blog is covering FCC v Fox Television in the Supreme Court. But as Marjorie Heins points out at the Free Expression Policy Project, it looks like the case will turn on what should be censored for “indecency” rather than … Continue reading
