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FCC Indecency Ruling Struck Down

arbitraryaardvark writes "Reuters reports that the 2nd circuit has struck down the FCC's recent ruling on indecency, in a case brought by Fox. The court said the U.S. Federal Communications Commission was 'arbitrary and capricious' in setting a new standard for defining indecency. 'Republican FCC Chairman Kevin Martin angrily retorted that he found it "hard to believe that the New York court would tell American families that 'sh*t' and 'f@ck' are fine to say on broadcast television during the hours when children are most likely to be in the audience ... If we can't restrict the use (of the two obscenities) during prime time, Hollywood will be able to say anything they want, whenever they want," Martin said in a statement.' No word yet on whether the agency will appeal.

12 of 548 comments (clear)

  1. So now we're afraid of swearing on the internet? by karmaflux · · Score: 5, Funny

    How exactly did the guy pronounce "f@ck"?

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    REM Old programmers don't die. They just GOSUB without RETURN.

  2. Freedom of Speech? by i_ate_god · · Score: 5, Insightful

    "Hollywood will be able to say anything they want, whenever they want,"

    If I'm not mistaken, thats the whole idea of freedom of speech right?

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    I'm god, but it's a bit of a drag really...
    1. Re:Freedom of Speech? by MightyYar · · Score: 5, Insightful

      Glad I didn't put a dent in your hatred. Or that of the 4 people who moderated you up.

      I still don't see what George Bush has to do with this discussion. You have never been able to say "Shit" or "Fuck" on the public airwaves during prime time. George Bush may not be a great president, but every discussion on Slashdot should not be viewed as an opportunity to flame him.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  3. Fleeting use... by KingSkippus · · Score: 5, Informative

    What he's leaving out is that the case was over the "fleeting" use of such words, such as during live events when something accidentally slips through. If a pre-recorded show has the words in there and it is deliberately broadcasted, the indecency rules still apply.

    The problem is that currently, the FCC sometimes enforces the standard of "fleeting use," and sometimes it doesn't. The courts are just saying that it needs to be standardized and rationally applied.

  4. Re:So now we're afraid of swearing on the internet by uolamer · · Score: 5, Funny

    I think it would sound something like F at chik or.. fatchick?

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    s/©//g
  5. Parents: by Wicko · · Score: 5, Insightful

    You remember that little warning at the beginning of the show? This show contains coarse language, sexual content, and violence? Yeah, that means don't let your kids watch it. That wasn't too difficult I hope!

  6. disgraceful by nomadic · · Score: 5, Insightful

    Look how he describes it not as a federal court, but as a "New York court" in order to exploit the biases of the rest of the country.

  7. The FCC missed the point -- as usual by Xesdeeni · · Score: 5, Insightful

    Hey Kevin Martin! It's not that the FCC can't stop swear words from primetime TV, it's that the FCC has to define what constitutes a swear word (here's the hard part) BEFORE they can slap a fine on a TV station. You can't be intentionally vague with the definition of indecency and then come down hard (to the tune of millions of $$$) on the TV stations who have no idea where the line is drawn.

    Kevin buddy, write down what indecency is, and everyone will comply. It's a neat idea...give it a try.

    Xesdeeni

  8. Fox a Republican lapdog... by mollog · · Score: 5, Insightful

    Or is it the other way around; the Republicans are Fox's bitch. Either way, you're trying to be logical about politics, you yourself are being illogical.

    Republicans are supposed to be political conservatives. Political conservatives are supposed to be against government interference in private lives. Terri Schaivo, abortion rights, gay marriage, etc. show that they care more about their 'base', the social conservatives, than they care about political philosophy.

    And the fact that Fox has been leading the charge when it comes to smutty, sensationalist television, which you think would offend the religious right, and they they get a free ride from the Republican Party because they're such whores about supporting the NeoCons is just another example of the hypocritical politics we have these days. Another reason why religion and politics are a bad, but historical, combination.

    I'd love to support the Republicans (fiscal conservatives, political conservatives), but I don't dare support the whores and hypocrites in power right now.

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    Best regards.
  9. Fucking ludicrous by MalleusEBHC · · Score: 5, Funny
    A quote from the AP story...

    The new policy was put in place after a January 2003 broadcast of the Golden Globes awards show by NBC when U2 lead singer Bono said an expletive before the word "brilliant." The FCC said the "F-word" in any context "inherently has a sexual connotation" and can trigger enforcement.

    ...

    In a statement, Martin said: "It is the New York court, not the commission, that is divorced from reality in concluding that the word `f---' does not invoke a sexual connotation."

    http://www.mercurynews.com/politics/ci_6063897

    So he thinks that every form of the versatile word "fuck" is inherently sexual. I keep wondering, is he fucking serious? That's a fucking ridiculous stance to take! If he is in charge of censoring our airwaves, things have gotten pretty fucked up.
  10. Re:Censorship is good? by jedidiah · · Score: 5, Insightful

    That idea works GREAT with a 4 year old.

    If your kid isn't old enough to ignore stupid stuff they see on TV, they should not be watching it without your active supervision PERIOD. You people are fixating on lame stuff like adults swearing and ignoring the more insidious things that MORONS like Valenti wouldn't even catch. The gross stuff is actually easy to deal with. It's the subtle stuff and trivialized misbehaivor of minors (often considered cute rather than dangerosu) that you have to watch out for.

    Fuck is not a problem. Disney Children's movies with the main character casually committing felonies with no apparent consequences are a problem.

    This isn't about children. This is about uptight old crones that will have a conniption fit if you violate their sheltered puritanical outlook on life.

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    A Pirate and a Puritan look the same on a balance sheet.
  11. Re:Sticks and Stones by willow · · Score: 5, Insightful

    Don't be an idiot. What people *say* isn't an appearance (except for politicians :^)) and it seems perfectly reasonable to draw conclusions about someone's intelligence based on their speech.

    The parent is simply saying "When you choose an ambiguous swearing word like "f*ck", you are either outright dumb or too lazy to think of something more appropriate. Neither reflects well on you".

    OMFG :)

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    Moderation in everything, including moderation.