ANOTHER VICTORY FOR COMMON-SENSE

Court Calls FCC Indecency Regulation 'Arbitrary and Capricious'
This week, the 2nd Circuit U.S. Court of Appeals called out the FCC for their ever-morphing indecency standards. For the past few years, the FCC has flip-flopped on whether broadcasting accidental profanities on TV and radio should be deemed indecent. Historically, fleeting expletives had not been subject to federal fines, but in 2003 the FCC changed its mind, reversing their earlier decision on Bono's comments during a live awards ceremony, and sending broadcasters into a state of utter confusion. Fox took the FCC to Federal Appeals Court back in January, and thankfully, 2 out of 3 judges view the FCC's inconsistent indecency rules in danger of violating the First Amendment. The FCC can either reconsider its rulings on Bono, Cher, and Nicole Richie, or they can appeal the 2nd Circuit's decision to the Supreme Court. If the FCC opts for taking it to the Supremes, this case will shed a lot of light on whether the highest court in our country is populated by reasonable individuals committed to protecting the constitution, or politically-influenced pawns.