Following the implementation of a 2004 Bush-era policy change, the networks were fined for those kinds of episodes, plus Janet Jackson?s 2004 Superbowl nipple-bomb, plus a 2003 broadcast in the Midwest of NYPD Blue for an episode in which an actress revealed ?the side of her buttocks and the side of one of her breasts.? The Second U.S. Circuit Court of Appeals in New York found the new FCC policy arbitrary and capricious. In 2009, however, the U.S. Supreme Court, in a 5-4 opinion written by Justice Scalia, upheld the policy but kicked it back to the appeals court to decide all the constitutional issues it didn?t want to contend with. The Second Circuit once again found the whole policy unconstitutionally vague, noting the chilling effect on broadcasters, the content-based nature of the indecent speech targeted, the changes in technology that make the old FCC indecency rules obsolete, and the proliferation of cable, satellite, and Internet broadcasting that goes unregulated. The Supreme Court agreed to hear the case again, presumably to resolve the First Amendment issues it avoided the first time. Sonia Sotomayor is sitting this one out.
Source: http://feeds.slate.com/click.phdo?i=6f241f5c1e374b1898b346bdeb56cbc7
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