WASHINGTON — Broadcasters anticipating a major constitutional ruling
on the government’s authority to regulate what can be shown and said on
the airwaves instead won only the smallest of Supreme Court victories
Thursday.
The justices unanimously threw out fines and other penalties
against Fox and ABC television stations that violated the Federal
Communications Commission policy regulating curse words and nudity on
television airwaves.
Forgoing a broader constitutional ruling,
however, the court concluded only that broadcasters could not have known
in advance that obscenities uttered during awards show programs on Fox
stations and a brief display of nudity on an episode of ABC’s “NYPD
Blue” could give rise to penalties. ABC and 45 affiliates had been hit
with proposed fines totaling nearly $1.24 million.
Broadcasters
had argued that the revolution in technology that has brought the
Internet, satellite television and cable has made the rules themselves
obsolete. The regulations apply only to broadcast channels.
The
justices said the FCC is free to revise its indecency policy, which is
intended to keep the airwaves free of objectionable material during the
hours when children are likely to be watching.
The agency’s
chairman, Julius Genachowski, said the ruling “appears to be narrowly
limited to procedural issues related to actions taken a number of years
ago. Consistent with vital First Amendment principles, the FCC will
carry out Congress’s directive to protect young TV viewers.”
It
was the second time the court has confronted, but not ruled conclusively
on the FCC’s policy on isolated expletives. Justice Anthony Kennedy
said in his opinion for the court that “it is unnecessary for the court
to address the constitutionality of the current policy.”
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