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FCC Indecency Policy Unconstitutional, 2nd Circuit Rules
CV applauds the ruling of the 2nd Circuit Court of Appeals in Fox v FCC that the FCC policy on broadcast indecency is unconstitutional and harms not only creative media artists, but the American public. In its well-reasoned decision, the Court cited several examples found in CV's Big Chill white paper of the "chilling effect" of the FCC's actions. We fully expect the Supreme Court to uphold this decision should the FCC choose to appeal it.

The history of the case, our filings, and earlier commentary can be found in the links below.

Following the remand of the case by the Supreme Court, Creative Voices, joined by the Future of Music Coalition, filed a brief in Fox v FCC in the Second Circuit arguing that the FCC's fines for Nicole Ritchie and Cher uttering "fleeting expletives" were unconstitutional.

Matthew Lasar of Ars Technica wrote an excellent synopsis of our brief at this link:

http://arstechnica.com/telecom/news/2009/09/reform-groups-protect-free-speech-but-save-the-red-lion.ars

Additional Materials

  • Fox v FCC -- Decision of 2nd Circuit, July 13, 2010 (318.23KB)
  • FOXvFCC2ndCirciut13July2010.pdf (148.31KB)
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