by Mike Masnick
Thu, Aug 5th 2010 12:17pm
We recently wrote about the Second Circuit appeals court ruling that the FCC's policy against "fleeting expletives" on broadcast TV was ruled unconstitutional, and that's now raising some other questions as well. A separate case, also in the same circuit, involves the question of whether or not a similar policy over "fleeting nudity" is equally problematic. As you may recall, the show NYPD Blue got a ton of attention back in 2003, for showing 7-seconds of a bare backside (which apparently was once the top rated clip on YouTube, despite it happening a few years before YouTube even existed). The FCC used a similar "fleeting nudity" policy to threaten to fine ABC affiliates for airing the show. However, the court in that case is now asking whether or not the recent ruling over expletives has any bearing on the question over nudity. Of course, you could question how "fleeting" it is for a filmed drama (as compared to the expletives, which were live events). But, at the same time, the wide availability of that same video (and, um, a ton of other much more graphic videos) to anyone with a computer might raise questions about why it even matters?
If you liked this post, you may also be interested in...
- Man Arrested For Parodying Police Department's Facebook Page Sues City, PD Over Rights Violations
- New California Law Attempts To Fight Hollywood Ageism By Censoring Third-Party Websites
- 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
- Hillary Clinton To Silicon Valley: To Silence Terrorists, Nerd Harder, Nerds!