News Article
Womble Carlyle’s Peter Gutmann Interviewed on Recent FCC Indecency Rules Case
July 16, 2010
Broadcasters and First Amendment advocates hailed a recent U.S. Court of Appeals decision in Fox v. FCC, a case involving Federal Communications Commission indecency rules. Womble Carlyle communications attorney Peter Gutmann spoke with the Public Broadcasting Report shortly after the decision, saying “it’s fair to say that most people think that the Supreme Court will back up the 2nd Circuit’s decision that the current policy is unconstitutional.”
The 2nd U.S. Court of Appeals in New York ruled that FCC indecency rules are overly vague and, thus, unconstitutional.
The court’s decision discussed a 2006 PBS documentary on blues musicians that included profanity. A PBS station in California was fined by the FCC for airing the documentary. This contrasted with the Commission’s 2004 decision to allow ABC to air the movie Saving Private Ryan, which featured similar language. The Court questioned the apparent inconsistency of the two decisions, particularly since they allowed the coarse language in a fictional film, but considered it offensive in unscripted interviews with real people.
“If the FCC cannot anticipate what will be considered indecent under its policy, then it can hardly expect broadcasters to do so,” Chief Judge Rosemary Pooler wrote in the Fox v. FCC decision.
“The court really put its finger on the problem when contrasting the two decisions,” Gutmann told the Public Broadcasting Report.
Gutmann has written a client alert on the recent developments involving the FCC’s indecency rules. Click hear to read his report.
About Peter Gutmann
Peter's extensive experience in the field of communications in addition to the experience he has gained as a veteran lawyer focusing in this area. He worked in commercial and non-commercial radio programming and management throughout college and graduate school. He also worked at The New York Times and served as a television producer/director before entering law school. His wide-ranging experience has enabled him to offer efficient and in-depth legal and practical advice on all aspects of broadcasting.
This document is intended as an informational reminder and does not constitute legal advice. If you have any questions or would like to discuss a particular situation, please contact Womble Carlyle Sandridge & Rice, LLP. The purpose of this article is to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances.