Court Upholds FCC’s Right to Fine Broadcasters for Indecency

The government’s policy of fining TV and radio stations for violating decency standards is constitutional, a federal appeals court ruled Tuesday. However, the panel said it was troubled by the lengthy time it takes regulators to enforce the policy.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia upheld a lower court ruling that the Federal Communications Commission’s policy does not violate broadcasters’ rights to free speech.

Opponents of the FCC’s policy--including civil liberties and civil rights groups, broadcasters and authors--had argued that it does.

The FCC policy, opponents told the court, lacks safeguards--notably prompt judicial review--thereby forcing broadcasters to conform with potentially unconstitutional restrictions on their speech.

The FCC has 84 cases pending involving allegedly indecent broadcasts, 52 of them involving radio and 32 television.

The FCC has never found a TV station in violation of the indecency provisions, FCC officials said.