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Appeals Court Stays FCC Findings

  • Mediaweek, Friday, September 8, 2006 11:45 AM
A federal appeals court has stayed findings that swear words in four broadcasts violated federal indecency statutes regulations. Both sides in the litigation that could become a test case for stepped-up government attacks on offensive speech say they welcome the action. Attorneys for the networks think the stay will keep the Federal Communications Commission from penalizing fleeting expletives, while the FCC official said the stay applies only narrowly--to the four broadcasts at issue. The court also granted an FCC motion for 60 days to give the nets time to argue against a March finding that the broadcasts violated indecency rules. "Hollywood argues that they should be able to say the f-word on television whenever they want," says FCC spokeswoman Tamara Lipper. "The commission continues to believe they are wrong, and there should be some limits on what can be shown on television." Fox Broadcast Co., however, says the court "has recognized the serious First Amendment issues that are raised in this appeal, and the chilling effect of the FCC's indecency enforcement scheme."

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