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Supremes May Review FCC’s Indecency Policy

Commission has asked high court to overturn decisions finding indecency policy ‘unconstitutionally vague’

The Obama administration has asked the Supreme Court to review the FCC’s indecency policy.

Specifically, the Justice Department is asking the high court to overturn lower-court rulings that found the agency’s indecency policy “unconstitutionally vague.” In one case last year, for example, a federal appeals court ruled the FCC’s indecency policy that results in fines for fleeting expletives violated broadcasters’ First Amendment rights.

The news comes as the DOJ was trying to meet a filing deadline. Several cases challenging the commission’s indecency policy are winding their way through various courts and the commission tells the high court the result is its indecency rules are basically in limbo.

Broadcasters would certainly welcome some clarity; they’ve been saying for years the FCC’s policies about what is and isn’t indecent are too vague.

Now it’s up to the justices to decide if the Supreme Court will hear the case.