Broadcast Law Blog

Broadcast Law Blog

Tag Archives: broadcast indecency

Ten Years After Janet Jackson’s Super Bowl Clothing Malfunction, FCC Indecency Rules Remain in Limbo

Posted in Assignments and Transfers, FCC Fines, Indecency, License Renewal, Programming Regulations
Last night’s Super Bowl didn’t offer much in the way of excitement on the field, as the game was seemingly over by the end of the first half.  But, for the last decade, the half-time show itself may offer some anxiety to the stations carrying the game.  10 years ago, Janet Jackson had her infamous… Continue Reading

Odds and Ends: Extension of Biennial Ownership Report Deadline, $110,000 Penalty for Indecency, Deadline for UHF Discount Comments, and Closing of the LPFM Window

Posted in EEO Compliance/Diversity, FCC Fines, FM Translators and LPFM, General FCC, Indecency, Multiple Ownership Rules, Programming Regulations, Television
Last week brought a number of Washington developments that we’ll write about in more detail soon, including the FCC’s decision to relax the limitations on foreign ownership of broadcast stations.  But there were also a number of other actions that bear mention – including the decision released late Friday to extend the deadline for the… Continue Reading

FCC Seeks Comments on Its Indecency Policy – How Should the Commission Enforce Its Policies After Last Year’s Supreme Court Ruling?

Posted in Indecency
The FCC’s indecency policy has been in limbo since last year’s Supreme Court decision determining that the Commission’s fines on broadcasters for fleeting expletives had not been adequately explained before being imposed. On Monday, the FCC took a step to clarifying that policy by asking for public comments on what it should do now. Should it formally… Continue Reading

Further Analysis on the 2nd Circuit Decision to Invalidate the FCC’s Policy on “Indecent” Broadcasts

Posted in Indecency
As we wrote earlier this week, the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC’s indecency rules, finding that the rules were too vague and had an undue chilling effect on broadcasters.  DWT’s First Amendment experts have now taken a closer look at the Court’s decision in Fox… Continue Reading

Court of Appeals Strikes Down FCC Indecency Rules

Posted in Indecency
The US Court of Appeals for the Second Circuit today struck down the FCC’s indecency rules, finding that the rules were so vague as to not put broadcasters on notice of what programming was prohibited and what was permitted.  Today’s decision was reached following a remand of this case to the Second Circuit by the Supreme Court. … Continue Reading

Broadcast Indecency Can’t Hide – A Candidate for Governor, a TV Newscaster, Saturday Night Live and the Clothing Malfunction

Posted in FCC Fines, Indecency
In the past several weeks, broadcast indecency has been back in the news – seemingly almost on a daily basis.  First, there was the story about Bob McDonnell, the Republican candidate for Virginia governor who, seemingly inadvertently, dropped the f-bomb, perhaps as a result of tripping over his tongue during a news interview on a news radio station… Continue Reading

Amber Husbands and David Oxenford Conduct Webinar for Kansas Association of Broadcasters on Legal Issues for On-Air Talent

Posted in Appearances
Davis Wright Tremaine attorneys Amber Husbands and David Oxenford conducted a webinar on August 26, 2009 for the Kansas Association of Broadcasters, discussing legal issues of importance to on-air talent.  Issues discussed included broadcast indecency, station contests, sponsorship identification and payola issues, potential liability that can arise from the use of social media and newsroom issues. … Continue Reading

Gazing Into the Crystal Ball – The Outlook for Broadcast Regulation in 2009

Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, Cable Carriage, Digital Radio, Digital Television, EEO Compliance/Diversity, Fairness Doctrine, General FCC, Indecency, Internet Radio, Low Power Television/Class A TV, Multiple Ownership Rules, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
Come the New Year, we all engage in speculation about what’s ahead in our chosen fields, so it’s time for us to look into our crystal ball to try to discern what Washington may have in store for broadcasters in 2009. With each new year, a new set of regulatory issues face the broadcaster from the… Continue Reading

More on the NYPD Indecency Fine

Posted in FCC Fines, Indecency
We recently wrote about the Notice of Apparent Liability for violation of the FCC’s indecency rules that was issued last week by the Federal Communications Commission, proposing to fine 52 ABC network affiliates $27,500 each.  This $1.4 million fine was suggested by the FCC for alleged violations which occurred almost 5 years ago in a broadcast of the now… Continue Reading

New Legislation Proposed to Overturn Court Decision on Indecency – Let’s Worry About the Constitution Later

Posted in Indecency
Last month, we wrote about the US Court of Appeals throwing out the FCC’s decision to issue fines to broadcasters for the use of an occasional “fleeting expletive,” i.e. one of those impolite words that once in a while will slip onto a broadcast station’s airwaves, most usually in a live and unscripted program. The Court… Continue Reading

Heated Reactions to Indecency Ruling

Posted in Indecency, Programming Regulations
We wrote yesterday about the Second Circuit Court of Appeals ruling throwing out two FCC indecency fines.  Further details on the legal reasoning in that decision are given in our firm’s advisory published today. The decision also provoked heated reactions from two of the FCC Commissioners.  Commissioner Copps issued a statement warning broadcasters not to engage… Continue Reading

Second Circuit Throws Out FCC Indecency Fines

Posted in Indecency
Just as the FCC issued its order to implement the statutory increase in the amount of indecency fines, raising them to $325,000 per violation (see our comment, here), its enforcement of its indecency policy may be dead in its tracks.  A three judge panel of the US Court of Appeals for the Second Circuit, in a 2 to 1… Continue Reading

The Cost of Talking Dirty Has Just Gone Up – Fines For Indecency Officially Raised By the FCC

Posted in FCC Fines, Indecency, Programming Regulations
It’s been almost a year since President Bush signed legislation raising the fines for broadcast indecency to $325,000 per occurrence.  Even though the legislation was effective on June 15, 2006, the higher fines have not yet gone into effect as the FCC had never adopted rules to officially implement them – until today.  Today, the… Continue Reading