Creative Voices applauds today’s ruling by the U.S. Third Circuit Court of Appeals that the Federal Communications Commission’s indecency decision and $550,000 fine against CBS in the Janet Jackson Super Bowl halftime case were “arbitrary and capricious,” and therefore unlawful.
As both the Third Circuit in this case and the Second Circuit in last year’s Fox v. FCC case (Cher and Nicole Ritchie “fleeting expletives”) found, overly broad FCC decisions on what constitutes “indecency” that arbitrarily overturn decades of Commission precedent put creative, challenging, controversial, non-homogenized broadcast television programming at risk. In many cases, the very kinds of television programs that parents want their children to watch – high quality documentaries, histories, and dramas – have been impacted. Thus, the chilling effect of these now-overturned Commission decisions harmed not only media artists, but the American public. Read our full press release at Center for Creative Voices in Media: News.