
Please note the following: Supreme Court Tosses 'Fleeting Indecency' Rulings Saying the FCC "failed to give Fox or ABC fair notice ... that fleeting expletives and momentary nudity could be found actionably indecent," the Supreme Court has set aside the FCC's rulings that incidents of the "f-word" on two separate Billboard Music Awards broadcasts on Fox and a brief moment of nudity on ABC's NYPD Blue. The court did not rule on the constitutionality of the FCC's policy on indecency -- so the FCC's power to regulate indecent broadcasts remains in place. Saying the FCC "failed to give Fox or ABC fair notice ... that fleeting expletives and momentary nudity could be found actionably indecent," the Supreme Court has set aside the FCC's rulings that incidents of the "f-word" on two separate Billboard Music Awards broadcasts on Fox and a brief moment of nudity on ABC's NYPD Blue. The court did not rule on the constitutionality of the FCC's policy on indecency -- so the FCC's power to regulate indecent broadcasts remains in place. Since the FCC patterns its enforcement in indecency, obscenity and profanity cases after its policies in the broadcast area, this Supreme Court decision may well have an impact on Amateur Radio indecency enforcement, assuming that there will in the future be any Amateur enforcement to speak of. We will look the decision over for its effect. 73, Chris W3KD Christopher D. Imlay Booth, Freret, Imlay & Tepper. P.C. 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG