Jul. 14th, 2010
Second Circuit holds that the FCC's policy on "indecent" language is unconstitutionally vague (pdf). Mostly, the opinion just takes great relish in quoting back everything the FCC saw fit to deem "indecent." Also, this bit is brilliant:
Take, for example, the disparate treatment of “Saving Private Ryan” and the documentary, “The Blues.” The FCC decided that the words “fuck” and “shit” were integral to the “realism and immediacy of the film experience for viewers” in “Saving Private Ryan,” but not in “The Blues.” We query how fleeting expletives could be more essential to the “realism” of a fictional movie than to the “realism” of interviews with real people about real life events, and it is hard not to speculate that the FCC was simply more comfortable with the themes in “Saving Private Ryan,” a mainstream movie with a familiar cultural milieu, than it was with “The Blues,” which largely profiled an outsider genre of musical experience.