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The Federal Communications Commission has been fighting for years to be television’s Miss Manners. Now, the Supreme Court may finally lay any question about its role to rest.

The Supreme Court said Monday that it will take up a case to determine whether the FCC’s enforcement of broadcast decency rules is constitutional. The court will begin to hear arguments this fall in what is expected to be a fierce battle between the agency and broadcasters over First Amendment interpretations.

The FCC’s role as an arbiter of what is and isn’t prudent to air during hours when children may be watching has come under intense scrutiny. Consumer complaints against content aired on free over-the-air television and radio have skyrocketed in recent years. Janet Jackson’s exposed nipple during a 2004 Super Bowl halftime show alone drew half a million complaints.

The current rules aim to prevent indecent content, such as nudity and curse words, from appearing on TV between 6 a.m. and 10 p.m. The FCC can impose fines, revoke broadcast licences or deny a renewal application.

Yet broadcasters and some free-speech groups say the FCC has gone overboard.

In 2004, the FCC beefed up its enforcement, prohibiting the airing of curse words – known as “fleeting expletives” – that are uttered during live performances. The agency increased fines for violations tenfold, to a maximum of $250,000 each.

Broadcasters including Fox, CBS and ABC protested and waged court battles to challenge the agency’s regulatory powers.

Last year, the U.S. Court of Appeals for the 2nd Circuit in New York sided with broadcasters, saying that the FCC’s authority as decency watchdog was vague and that its enforcement could have a chilling effect on the broadcast industry.

 

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