Broadcast regulation

The U.S. Supreme Court weighed arguments Tuesday in a case that challenges the federal government's policy of regulating broadcast indecency, but has the potential to drastically change how the media industry is regulated.

At issue in FCC v. Fox is the Federal Communications Commission's indecency policy, which broadcast television networks claim provides no guidance as to what material is indecent -- making it unclear what is subject to fines and what is not.

The Federal Communication Commmission's battle over fines for controversial moments during awards shows and the Superbowl continues, as briefs were filed this week in two separate cases about what constitutes a "fleeting expletive" -- unscripted spontaneous profanity in a live broadcast -- under the agency's indecency regulations.

The Supreme Court on Tuesday upheld a government policy of sanctioning television networks for one-time utterances of fleeting expletives on live prime-time television.

With all the chuckles, celebrity comments and linguistic explorations into the meaning of the word “fuck,” the oral arguments Tuesday in FCC v. Fox at the Supreme Court at times had the air of a comedy show.

But interwoven among the lighter moments was a weighty discussion about broadcast regulation and the legal and policy implications of the FCC’s move toward fining television stations for one-time use of fleeting expletives.

If anyone is anxiously awaiting to hear “fuck” echo through the Supreme Court chambers during oral arguments in Tuesday’s fleeting expletive case, they’re going to have to attend the session or sit tight for a few months.

With election day bearing down, and third-party political groups gobbling up advertising time on the airwaves, The Wall Street Journal reports today that candidates' lawyers are increasingly responding with take-down notices -- all leaving broadcasters in the crossfire.

A federal appeals court today decided CBS Corp. will not have to pay a $550,000 fine for the 2004 Super Bowl half-time show’s “wardrobe malfunction.”

In the half-time show, pop singer Justin Timberlake reached for Janet Jackson's costume as he sang the lyrics, "Gonna have you naked by the end of this song." A moment later, Timberlake tugged on the fabric, and millions of Americans watched Janet Jackson's breast flash across their television screens.

Following Fox Broadcasting Co.’s announcement at the end of last month that it would not comply with FCC fines, the Justice Department has sued the company to collect the $56,000 indecency fee.

ABC appealed a $1.24 million fine from the Federal Communications Commission on Thursday, arguing that the decision was  "arbitrary, capricious, and contrary to law; contrary to the Communications Act, the Administrative Procedure Act, and the commission's own rules, standards and precedents; and unconstitutional."