High court rules against FCC in clash over profanity, nudity on TV
While
no decisions was made on healthcare and immigration, the Supreme Court
ruled that the FCC's indecency policy is too vague. NBC's Pete Williams
reports.
“The Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent,” said Justice Anthony Kennedy, writing for the unanimous court.
The ruling does not affect the FCC’s policy banning indecency in TV broadcasting.
The court said that it did need not to address the First Amendment implications of the FCC’s indecency policy nor did it need to reconsider its prior indecency ruling in a 1978 decision regarding prolonged recitation of vulgar words.
The case arose out of three broadcasts on Fox and ABC in 2002 and 2003.
Two of the broadcasts on Fox involved the use of expletives during prime-time TV airings of the Billboard Music Awards. In one of those Fox broadcasts, “a person named Nicole Richie” used two common vulgar words while presenting an award: “Have you ever tried to get cow [expletive] out of a Prada purse? It’s not so [expletive] simple.”
The other broadcast, a prime-time airing on ABC of the program "NYPD Blue" involved what the FCC called “pandering, titillating and shocking” scenes of a woman’s naked buttocks being viewed by a child, which the FCC said put TV viewers, including children, in a “voyeuristic position.”
At issue was whether the FCC rules violated the First Amendment right to broadcasting freedom and whether the rules were too vague for the broadcasters to know what was prohibited and what wasn’t.
The court said Thursday that the FCC was “free to modify its current indecency policy in light of its determination of the public interest and applicable legal requirements” -- which means that further litigation in such cases is almost certain.
The FCC decision was the highlight of four decisions announced by the court Thursday. The justices’ decisions on the landmark health care overhaul and the tough Arizona anti-illegal immigration are likely to come next week.
Discuss this post
The
answer to this is really simple: If you don't want to see nudity or
hear profanity on television, then change the channel. We don't need
the FCC or any other governmental agency regulating what we see and
hear. If you are so concerned about what your children view, then try
watching TV with them, taking control of the remote control and turning
off programs that you don't want them to see. But to prohibit everyone
from seeing or hearing something you find offensive goes against the
First Amendment and everything the Founding Fathers wanted from an
enlightened and open society.
- 179 votes
That's
fine as long as you know the nudity, profanity, or other
inappropriateness is coming. Once it's shown or heard, it's a bit too
late. I wouldn't allow my children to watch some shows that I KNEW
often had inappropriate scenes or language, but sometimes you just
aren't prepared.
I
have to agree with you. When I was a kid in Europe, seeing nudity on
TV was not hard. Just watch a laundry soap commercial and you will see a
woman having her towel stolen from her on the beach, and a boy peeing
on the street. Did it shock and offend me to the point where I am
traumatized for life? Absolutely not. If you don't want your child
seeing or hearing certain things then block those shows that contain
them. As for live events, the best we can do is what we do now and that
is have a timed delay. Besides, cartoons today are way more vulgar than
anything you see in shows with real actors. Watch almost any episode
of Family Guy and you will see things that make the comments of Nichole
Richie seem tame.
Judy1217
- Here a warning for you. Everyday your children hear the f-bomb
multiple times a day at school. Perhaps you should consider taking them
out of school and shielding them from the world until they are 30. It
should be safe by then for them to know what a breast looks like.
muddlerfly....if
you are going to call people idiots, you might want to make sure you at
least spell things correctly in your rant...
I
wonder how many kids are interested in watching Nicole Richie? I bet
zero! so if they were watching it's because parents were watching so
who's fault is it? Just watch cartoons with your kids and wait till they
go to bed to watch adult programing (and by that I don't mean that kind
of adult programing just stuff that isn't for kids)
I
am curious why the double standard of the networks over cable channels.
Stuff that cable netwroks broadcast seem to fall under different
rules. SYFY, TNT, TBS all seem to get a free pass. Just curious
ROFL! Skup! Very valid point!
This country is so screwed up on nudity. Nudity should be nothing to be ashamed of.
This country is so screwed up on nudity. Nudity should be nothing to be ashamed of.
I agree with the FCC, we need tight regulation. We are a conservative Christan/Catholic country. Don't like it leave.
Gee,
Skup, nice way to make nonsense out of someone's post with your
hyperbole. If I didn't do it myself, it probably wouldn't hurt so much
watching you do it.
What Judy127 posted was fine. I agree with the general point that there's no hiding your kid from everything, but you know what? You aren't raising her kids and unless you want that job, why don't you let her do it herself.
What Judy127 posted was fine. I agree with the general point that there's no hiding your kid from everything, but you know what? You aren't raising her kids and unless you want that job, why don't you let her do it herself.
linking9,
we are a country where everybody has the right to choose which religion
they believe, or even to say that religion is bogus. I believe in
Christ, but we are not a Christian nation. That's even in the
Constitution, as an ammendment. I don't want to live in any nation that
is run by any religion. That is lunacy. Everybody has a right to decide
for themselves what they believe. None of us has the right to force our
beliefs system on anybody who is old enough to reason it out.
Hey,
Vince--do you really think the trash on television is what the founding
fathers had in mind with the First Amendment? And do you think parents
can monitor everything children see? Unless you never let them out of
the house, they are bound to run into filth because it is all over in
many forms of media. "Englightened and open society", my foot. It's
trash and we're allowing it to happen.
vince:
You are making a stupid comment about changing channels to avoid bad
TV, how do you yourself know some bad words are coming your way? You
don't so I guess you just don't have a TV on ever to protect your kids.
I bet not.
As for your comment about our founding fathers, they didn't have any idea about the future with TV and nasty people saying the f word for kids to hear. They thought everyone was nice and honest like they. Our Constitution is so outdated it doesn't even apply anymore. The 1st amendment is so abused it's pitiful. They were talking about people saying something, not some idiot expressing himself and claiming the 1st amendment.
As for your comment about our founding fathers, they didn't have any idea about the future with TV and nasty people saying the f word for kids to hear. They thought everyone was nice and honest like they. Our Constitution is so outdated it doesn't even apply anymore. The 1st amendment is so abused it's pitiful. They were talking about people saying something, not some idiot expressing himself and claiming the 1st amendment.
First
amendment------so in your opinion they can put whatever they want on TV
whenever they want to and it is okay because of the first amendment. If
that is the case why can't a minor purchase Playboy magazine off the
news stand, get into a rated R movie and why can't we cuss in public?
Vince, it is good to know that you can be with your kids 24/7.
Richard, block what your kids can see????? How many times have you attempted to use parental controls on a device? There is no standard and in some cases you have to be a programmer to figure out what to do. General settings will block programming on the Cartoon Network because if it is not rated at all it is blocked. I agree with your Family Guy comment but I also disagree when they show Family Guy these days. Plus it is on over the air television where it can be picked up through an antenae. This isn't pay TV we are talking about.
The FCC's rules haven't been followed for quite a few years now on either TV or radio. Driving with my kid in the car at 7pm listening to music when a promo comes on talking about something vulgar that happened on the morning show doesn't give me much of a chance. Vulgarities being blurted out during a live show doesn't give parents a chance either.
It's an entertainment free for all and the younger generation of parents have been groomed to accept it and believe there is nothing wrong with it but then again I hear 11 year olds using lanquage I didn't dare say around adults when I was growing up.
Freedom of Speech isn't a right to be an idiot. I'm not free to write whatever I want in these comments. If it is vulgar it will get dumped and I will get banned. I guess we can pick and choose accountablity.
As for brief nudity, kids see worse at the beach or local swimming pool these days.
Vince, it is good to know that you can be with your kids 24/7.
Richard, block what your kids can see????? How many times have you attempted to use parental controls on a device? There is no standard and in some cases you have to be a programmer to figure out what to do. General settings will block programming on the Cartoon Network because if it is not rated at all it is blocked. I agree with your Family Guy comment but I also disagree when they show Family Guy these days. Plus it is on over the air television where it can be picked up through an antenae. This isn't pay TV we are talking about.
The FCC's rules haven't been followed for quite a few years now on either TV or radio. Driving with my kid in the car at 7pm listening to music when a promo comes on talking about something vulgar that happened on the morning show doesn't give me much of a chance. Vulgarities being blurted out during a live show doesn't give parents a chance either.
It's an entertainment free for all and the younger generation of parents have been groomed to accept it and believe there is nothing wrong with it but then again I hear 11 year olds using lanquage I didn't dare say around adults when I was growing up.
Freedom of Speech isn't a right to be an idiot. I'm not free to write whatever I want in these comments. If it is vulgar it will get dumped and I will get banned. I guess we can pick and choose accountablity.
As for brief nudity, kids see worse at the beach or local swimming pool these days.
@TR...
"LIFELONG DEVOUT REPUBLICAN"
Highly doubtful. Extremely doubtful. All of the things you are ranting about are the bread and butter of the far-far-far left of this country.
It's OK to have an opinion without pretending to be something you are not. It's called credibility.
"LIFELONG DEVOUT REPUBLICAN"
Highly doubtful. Extremely doubtful. All of the things you are ranting about are the bread and butter of the far-far-far left of this country.
It's OK to have an opinion without pretending to be something you are not. It's called credibility.
#340 - Fri Jun 22, 2012 1:16 PM EDT
This country is so hung up due to influence of the 'Moral Majority' it's a wonder any children are borne at all.
#341 - Fri Jun 22, 2012 4:53 PM EDT
i
just remember, all art is a lie that tells the truth (forgot who said
that)...all these shows and events only show the world as it is, and i
think it's important to see them (not all, obviously), otherwise kids
grow up to be little over-privileged divas with a huge sense of
entitlement because of all that coddling and protective shielding...i'm
thinking about shows like spartacus: blood and sand, hell on wheels,
breaking bad, hell, even the sopranos...i think they can help kids
prepare themselves for the real world...which is a hell of a lot more
sicker than tv can actually show...
#343 - Fri Jun 22, 2012 8:29 PM EDT
The
problem with saying "if you don't like what you see on tv, change the
channel", is that the garbage that is spewed forth on mainstream tv, is
10 times more vulgar and obscene than what was on tv just 15 or 20 years
ago. Dumbing down deviancy is the issue here. I have enjoyed some
episodes of Family Guy and 2 1/2 men, but they go waaaayy over the line
sometimes; i would never let a kid under 12 watch them. Objectification
of women may seem funny if you're an adult, but it sends a very bad
message to a 10 year old. Family guy, who has many times over poked fun
at Michael J Fox's Parkinson disease and even made light of Down's
Syndrome, is generally a mean spirited show.
I am not a religious person at all, but the stuff i see on tv in the early evening and the language used on some shows (to make is "edgy") is offensive.
I am not a religious person at all, but the stuff i see on tv in the early evening and the language used on some shows (to make is "edgy") is offensive.
#344 - Sat Jun 23, 2012 8:31 AM EDT
Hopefully they don't ban making up bs news or Rachel, E.D.,Marty, Laurence and weird al will be out of work.
#345 - Sat Jun 23, 2012 5:17 PM EDT
If
the shot didn't reveal her butt-hole, how's that any different than
taking the family to the beach where some women wear those skimpy
thongs? American adults can seem very childish to me on most issues.
Especially those regarding the body! Talk about suppressed sexual
fantasy! How can a woman's bare buttocks be considered titillating?
Maybe I've seen too many! Sometimes, I feel both really ashamed and
embarrassed by the simpleness of my fellow Americans!
#346 - Mon Jun 25, 2012 12:13 PM EDT
how
does the F.C.C. still exist?...this is america,and we dont need some
stupid son of colin powell telling us what we can and cant see......who
the f@ck does he think he is....and why is this useless office still in
operation.....and how do we remove it?
#347 - Mon Jun 25, 2012 12:44 PM EDT
sorry
if your kid hasn't seen your ass in the last 15 years hes probably happy
if he did is probably not mentally scared from it and probably for got
about it as for vulgar words its freedom of speech just cause some
religions fanatics from the 17th-1th century said those words are bad
words are not bad the context and how there are used maybe bad
#348 - Mon Jun 25, 2012 12:52 PM EDT
I
agree with most of the post's that are wondering why we even have a
FCC,and while i'm at it why do we still have an electoral college? I
believe that the american public has the intelligence to elect a
president by popular vote! I quote from the constitution " Life,
Liberty, and the pursuit of happiness" We have so many BS laws that
should be deemed unconstitutional! If you watch any major "news
channels" fox,cbs ,abc,cnn they are more of a variety show than any
pertainent news,they all lie! Any free network will show or say anything
to get the ratings up so they can sell more adds! There is only a hand
full of independent networks left that report the real news! Conservatives are always whinning about government in there lives,so
lets do away with some of it,starting with the
fcc!!!!!!!!!!!!!!!!!!!!!!!!
#349 - Mon Jun 25, 2012 1:24 PM EDT
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