FCC's Authority Being Decided in the Courts

The fate of the Federal Communications Commission's (FCC) authority to regulate indecency on broadcast television is now before the courts. A decision in the Janet Jackson/Super Bowl wardrobe malfunction is expected in the near future. Meanwhile, the U.S. Supreme Court has agreed to hear the FCC's appeal of a 2nd Circuit Court decision striking the commission's authority to regulate "fleeting expletives." These court cases have emboldened the networks to challenge other fines, like Fox Network's challenge of a fine imposed for a 2003 broadcast of "Married by America" which featured pixilated, yet blatantly pornographic images from a bachelor party. Penny Nance, Special Advisor at the FCC discusses these cases and their implications with CWA Policy Analyst Martha Kleder. Listen | Download

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