A truly FCCed policy

News Item: A federal appeals court on Monday found that a new Federal Communications Commission policy penalizing accidentally aired expletives was invalid, saying it was “arbitrary and capricious” and might not survive First Amendment scrutiny. The 2nd U.S. Circuit Court of Appeals did not, however, outlaw the policy outright. In a 2-1 ruling, it found in favor of a Fox Television-led challenge to the policy and returned the case to the FCC to let the agency try to provide a “reasoned analysis” for its new approach to indecency and profanity. It added it was doubtful the FCC could do so.

Top Ten talking points in the FCC’s “reasoned analysis” for its new approach to indecency and profanity:

  1. We hate getting letters from that twerp Wildmon
  2. Charles Rocket had a son, didn’t he?
  3. If the satellite-radio merger fails we may get Howard Stern back
  4. Suppose CBS wants to stick another camera up Katie Couric’s keister?
  5. Dr. Dobson has threatened to cut off the checks
  6. George Carlin is still alive
  7. It gives us something to do while we wait for Internet radio to die
  8. Rosie’s bound to find a new gig eventually
  9. We gotta find something on that pesky Jeff Jarvis
  10. Have you seen Janet Jackson lately? Whole new wardrobe

(Via that pesky Jeff Jarvis.)

Addendum: Text of the decision here. (Via Justin Levine.)


  1. McGehee »

    4 June 2007 · 7:39 pm

    As I recollect, the cutoff for the F-word (bleeped at the link) was supposed to be that if the connotation was sexual it was banned, but otherwise it wasn’t actionable.

    I’m remembering the content of the linked post as mine, but I can’t verify that because that post links to a post by Dodd that appears to have vanished. So I don’t know which of us gets the credit.

  2. Mister Snitch! »

    4 June 2007 · 10:10 pm

    What, no love for Peter Griffin’s take on the freakin’ FCC?

    (And Jarvis isn’t so much pesky as pedestrian.)

  3. AC Sportsbooks »

    7 June 2007 · 8:05 pm

    “If the satellite-radio merger fails we may get Howard Stern back.”

    I wish. I think he’s gone for go though. He has too much interest in satellite.

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