by Matthew Lasar Jun 15 2008 - 10:00pm Ars Technica story
Six public interest groups have sent amici curae briefs to the United States Supreme Court with one message: Whatever you decide about the Federal Communications Commission's new "fleeting expletive" indecency policy, don't reverse the court's Red Lion decision—a crucial component of FCC public interest authority.
"Of great importance . . . is that, whatever the outcome in this case, the Court continues to recognize the constitutional legitimacy of the FCC’s statutory public interest oversight of television broadcasters," the groups wrote on June 9th, "especially as they apply to promoting mentally healthy children and families." The filers include the American Academy of Pediatrics, the Benton Foundation, Children Now, the National Institute on Media and the Family, the Parent Teacher Association, and the United Church of Christ,
The Supreme Court has agreed to review a circuit court decision striking down the FCC's new policy against dirty words said on the fly—such as Cher's flippant use of the word "fuck" in the 2002 Billboard Music Awards, televised by Fox. The Second Circuit Court of Appeals ruled that the Commission had not adequately explained why it now wants to punish stations for such broadcasts, when in the past it showed leniency towards these slip ups. The high court will hear Fox vs. FCC in the fall.
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