FCC appeals indecency rule strike-down

NEW YORK (CNNMoney.com) -- The Federal Communications Commission asked a Federal appeals court to reconsider a recent decision that struck down its longstanding indecency policy.

The FCC filed the court documents Wednesday with the U.S. Second Circuit Court of Appeals in a move that was widely expected.

In July, the court's three-judge panel said in a 32-page ruling that the FCC's indecency rules were "unconstitutionally vague" and created "a chilling effect that goes far beyond the fleeting expletives at issue here."

The FCC's Wednesday complaint claimed that the decision keeps it from enforcing indecency violations because it cannot develop a policy that would be specific enough to satisfy the panel.

The advocacy group Parents Television Council released a statement Thursday calling the FCC's filing "an important step in the right direction. Without Supreme Court action, the Second Circuit ruling would kick down the door for indecent content to be aired at any time of day over the public airwaves."

The appellate court's decision to strike down the FCC's ban in July was a major milestone for television and radio broadcasters who have long complained the FCC's rules violated First Amendment rights.

Several years ago, the FCC had levied fines on scripted expletives but had typically been more lenient about accidental profanities uttered during live shows.

But in 2003, U2 singer Bono swore while accepting an award on NBC. The network didn't receive a fine, but the FCC warned that any profanities -- including unscripted ones -- could lead to fines in the future. In the following years, the FCC fined several networks for expletives uttered on live television.

In 2006, Fox Television, NBC Universal and several other broadcasters sued the FCC for what they said was a vague and unevenly enforced policy.

The case went to the Supreme Court, which said in April 2009 the FCC had enacted its policy correctly. But the higher court sent the case back to the Second Circuit Court to decide whether the policy was constitutional.

The FCC policy formed largely from a 1978 Supreme Court decision that allowed the commission to fine a radio station for airing late comedian George Carlin's "Seven Dirty Words" monologue.

"We have always felt that the government's position on fleeting expletives was unconstitutional," Fox Networks said in a statement, adding "the inherent challenges broadcasters face with live television ... must allow for the unfortunate isolated instances where inappropriate language slips through."