Yesterday, a federal appeals court decided that the policy of fining broadcasters for ‘indecent language and the like’ was unconstitutionally vague. The policy caused a huge issue for broadcasters because they had no way of knowing what would pass muster with the FCC, and what wouldn’t.
I have to agree with the court entirely. Here’s copy from the actual decision by the UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. Simple and too the point.
We now hold that the FCC’s policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here. Thus, we grant the petition for review and vacate the FCC’s order and the indecency policy underlying it.