2nd Circuit Court Of Appeals Rules Against FCC Policies As Violating The First Amendment Because They Are "Unconstitutionally Vague"

The Washington Post reports that the U.S. Court of Appeals for the 2nd Circuit said the FCC's "rules on indecency are too vague and violate the First Amendment, undermining the government's primary tool for policing civility over the airwaves. With its decision, the three-judge panel handed a victory to broadcasters such as Fox, CBS and ABC, which had petitioned the court to challenge the agency's muscled-up approach of imposing steep fines for impromptu expletives and sexual content. Broadcasters had taken their arguments against the FCC's policy to the Supreme Court, which ruled in favor of the agency April 29. It said the FCC followed administrative procedure, but it did not address whether the rules were constitutional -- an issue it sent to the appeals court. On Tuesday, the appeals judges called the FCC's policy, in place since 2004, 'unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.' The vagueness left broadcasters uncertain about what they could air, which impinged on their freedom of speech, the judges said." Tweet