by Mike Masnick
Mon, Jul 21st 2008 3:48pm
The FCC has a pretty spotty record when it comes to dealing with indecency charges. Basically, it seems to randomly fine stations if it receives enough complaints, even if most of those complaints come from auto-generated scripts from people who didn't actually see the content at all. Of course, perhaps the most highly publicized case where the FCC got involved over what it found to be indecent content was the infamous Janet Jackson Super Bowl wardrobe malfunction. However a court has now ruled that, rather than a wardrobe malfunction, the real malfunction was by the FCC, which had changed its obscenity standards arbitrarily and with no explanation whatsoever in doling out fines over the incident. The court points out that the FCC is allowed to change its standards, but with an explanation and not so arbitrarily. In this case, though, it seemed clear that the response was politically motivated -- and the court has tossed out the fines.
If you liked this post, you may also be interested in...
- A Massive Cable Industry Disinformation Effort Just Crushed The FCC's Plan For Cable Box Competition
- The FCC Wants To Know Why Journalists Had To Pay $200 For WiFi At Presidential Debate
- ISP Feebly Tries To Defend Usage Caps By Comparing Them To...Oreos
- Law Professor Mark Lemley: Hollywood Is Simply Wrong About FCC's Set Top Box Plan
- AT&T Will Zero Rate its Upcoming Streaming TV Service, Doesn't Think FCC Will Act