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Court Strikes Down FCC Policy on Offensive Content

WASHINGTON, July 13, 2010 – A federal appeals court on Tuesday said the Federal Communications Commission cannot continue with its policy that prohibits all “patently offensive” references to sex, sexual organs and excretion because the policy is too vague and chills speech. The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy in the case Fox Television Stations, Inc. v. FCC.

Broadband Breakfast Staff

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WASHINGTON, July 13, 2010 – A federal appeals court on Tuesday said the Federal Communications Commission cannot continue with its policy that prohibits all “patently offensive” references to sex, sexual organs and excretion because the policy is too vague and chills speech.

The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy in the case Fox Television Stations, Inc. v. FCC.

“By prohibiting all ‘patently offensive’ references to sex, sexual organs and excretion without giving adequate guidance as to what ‘patently offensive’ means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive,” the appeals court wrote.

FCC Chairman Julius Genachowski said, “We’re reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”

Big Tech

Should Conservatives Be For or Against Big Tech? A Question Raised at CES 2021

Derek Shumway

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Photo of Rachel Bovard from The Epoch Times

WASHINGTON, July 13, 2010 – A federal appeals court on Tuesday said the Federal Communications Commission cannot continue with its policy that prohibits all “patently offensive” references to sex, sexual organs and excretion because the policy is too vague and chills speech.

The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy in the case Fox Television Stations, Inc. v. FCC.

“By prohibiting all ‘patently offensive’ references to sex, sexual organs and excretion without giving adequate guidance as to what ‘patently offensive’ means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive,” the appeals court wrote.

FCC Chairman Julius Genachowski said, “We’re reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”

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Section 230

Crackdown on Online Conspiracy Speakers After January 6 Highlights Need for Platform Accountability

Samuel Triginelli

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WASHINGTON, July 13, 2010 – A federal appeals court on Tuesday said the Federal Communications Commission cannot continue with its policy that prohibits all “patently offensive” references to sex, sexual organs and excretion because the policy is too vague and chills speech.

The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy in the case Fox Television Stations, Inc. v. FCC.

“By prohibiting all ‘patently offensive’ references to sex, sexual organs and excretion without giving adequate guidance as to what ‘patently offensive’ means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive,” the appeals court wrote.

FCC Chairman Julius Genachowski said, “We’re reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”

Continue Reading

Big Tech

Big Tech Companies Talk the Talk on Privacy at CES 2021: Will They Walk the Walk?

Tim White

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Photo of panelists during CES 2021

WASHINGTON, July 13, 2010 – A federal appeals court on Tuesday said the Federal Communications Commission cannot continue with its policy that prohibits all “patently offensive” references to sex, sexual organs and excretion because the policy is too vague and chills speech.

The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy in the case Fox Television Stations, Inc. v. FCC.

“By prohibiting all ‘patently offensive’ references to sex, sexual organs and excretion without giving adequate guidance as to what ‘patently offensive’ means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive,” the appeals court wrote.

FCC Chairman Julius Genachowski said, “We’re reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”

Continue Reading

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