Caught between a rock and the Second Circuit, the FCC hesitantly took the defense of its indecency policy to the Supreme Court today. The FCC filed a petition seeking the Court’s review of the Second Circuit’s decisions in indecency cases involving Fox and ABC programs. Last year, the Second Circuit…
Earlier this month we posted our 2011 Broadcasters Calendar on CommLawCenter as well as on our Pillsbury web page. We have been annually publishing the Broadcasters Calendar, which contains much information regarding broadcast station deadlines and legal requirements, for as long as I can recall. It has always been one…
In light of today’s decision by the US Court of Appeals for the Second Circuit invalidating the FCC’s indecency policy, it would be hard to justify writing about anything else. From my first days as a young lawyer screening programs before they were aired (I still remember assessing the legalities…
If you are a Fox affiliate, your fax machine (if you still have one) probably has a message on it from the FCC waiting for you, courtesy of the latest struggle between Fox and the FCC over indecency enforcement. In a Notice of Apparent Liability released today, the FCC states…
Court Ordered Remand May Force the Supreme Court to deal with the First Amendment Issue 4/28/2009 In a 5-4 decision released today, the Supreme Court upheld the FCC’s so-called “fleeting expletives” policy which bans the radio and television broadcast of single so-called four-letter words that are considered indecent. However, the…
June 2007 Topics include: FCC Fines Radio Station $4,200 for Lack of Effective Tower Fences FCC Fines Television Station After Discovering Deserted Main Studio FCC Fines Radio Station for Airing Prank Phone Call FCC Officially Increases Maximum Fine for Indecency and Profanity A PDF version of this entire article can…
November 2006 In an effort to reduce the risk of reversal by the United States Court of Appeals for the Second Circuit, the FCC successfully persuaded the Court to allow it to pull back and review four indecency decisions. Earlier this week, the FCC announced the outcome of that review.…
By Kathryn R. Schmeltzer and Jarrett S. Taubman November 2006 Sample questions include: What is the source of the Commission’s authority to limit “obscene,” “indecent,” and “profane” program material? What FCC regulations prohibit “obscene” or “indecent” program material? What Commission regulations prohibit “profane” program material? What about the First Amendment?…
By Kathryn R. Schmeltzer, Clifford M. Harrington and Richard R. Zaragoza September 2006 FCC’s Office of Engineering and Technology Announces Schedule for Proceeding on Unlicensed Operation in the TV Broadcast Bands As we reported earlier, on March 6, 2006, the FCC released an Order in Complaints Regarding Various Television Broadcasts…