By Brooks Boliek
WASHINGTON -- The federal appeals court in New York City on Monday tossed out a key FCC indecency ruling that said a slip of tongue gets a fine for indecency, telling the commission it failed to give a good reason for its decision.
"We find the FCC new policy sanctioning 'fleeting expletives' is arbitrary and capricious under the Administrative Procedures Act for failing to articulate a reasoned basis for its change in policy," the court wrote in a 2-1 opinion.
While a majority of the judges found little to like about the commission's 2006 decision, it sent the order back to Washington, allowing the panel to get another stab at writing the rules.
But even that came with a catch as it warned the FCC to ensure that "further proceedings" are "consistent with the opinion." "We are doubtful that by merely proffering a reasoned analysis for its new approach to indecency and profanity, the commission can adequately respond to the constitutional and statutory challenges raised by the networks," Judge Rosemary Pooler wrote
http://www.hollywoodreporter.com/hr/content_display/news/e3i9177e066be8bee44d835017eb6e0cda7
WASHINGTON -- The federal appeals court in New York City on Monday tossed out a key FCC indecency ruling that said a slip of tongue gets a fine for indecency, telling the commission it failed to give a good reason for its decision.
"We find the FCC new policy sanctioning 'fleeting expletives' is arbitrary and capricious under the Administrative Procedures Act for failing to articulate a reasoned basis for its change in policy," the court wrote in a 2-1 opinion.
While a majority of the judges found little to like about the commission's 2006 decision, it sent the order back to Washington, allowing the panel to get another stab at writing the rules.
But even that came with a catch as it warned the FCC to ensure that "further proceedings" are "consistent with the opinion." "We are doubtful that by merely proffering a reasoned analysis for its new approach to indecency and profanity, the commission can adequately respond to the constitutional and statutory challenges raised by the networks," Judge Rosemary Pooler wrote
http://www.hollywoodreporter.com/hr/content_display/news/e3i9177e066be8bee44d835017eb6e0cda7