U.S. Supreme Court Rules in Favor of FCC's Family Friendly Regulations

On Tuesday April 28, 2009, the U.S. Supreme Court ruled in a 5-4 decision to uphold the Federal Communication Commission’s (“FCC”) censure of indecent language on television. The decision overturned a ruling by the U.S. Court of Appeals for the Second Circuit which previously held that Fox Broadcasting Company (“Fox”) should not be held liable for breaking the FCC’s rules prohibiting the use of indecent language on broadcast television during times when children might be watching.

The case originated after indecent utterances were aired in two live broadcasts by Fox television stations.  During the 2002 Billboard Music Awards, Cher, upon receiving an “Artist Achievement Award”, used indecent language during her acceptance speech.  Only a year later, during the 2003 Billboard Music Awards, Paris Hilton and Nicole Richie also used indecent language.  Both vulgar statements were aired to millions of people across the country, including children.

The FCC subsequently fined Fox and released Notices of Apparent Liability for a number of broadcasts that the Commission deemed actionably indecent, including the two described above.  Fox appealed the FCC’s censorship to the Second Circuit where the Court held that the indecent language aired was merely “fleeting expletives” and that Fox should not be held liable. 

The Supreme Court disagreed.  In an opinion by Justice Scalia, the Supreme Court held that the FCC did not act arbitrarily or impulsively in enforcing its policy or in its order finding the broadcasts to be indecent.  The Court held that allowing these few indecent words to be protected would “likely lead to more widespread use of the offensive language.’”    

The Court went on to explain that “children mimic the behavior they observe--or at least the behavior that is presented to them as normal and appropriate.  Programming replete with one-word indecent expletives will tend to produce children who use (at least) one-word indecent expletives.  Congress has made the determination that indecent material is harmful to children, and has left enforcement of the ban to the Commission.”

 The Supreme Court’s ruling is a triumph for those working hard to protect America’s families and children from indecent and immoral content, which has become so prevalent in today’s pop culture.              

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.