2nd Circuit rejects FCC ruling

In a 2-to-1 vote, the 2nd Circuit Court of Appeals in New York rejected the FCC's ruling that Fox's airing of "fleeting expletives" uttered by Nicole Richie and Cher during the 2002 and 2003 Billboard Music Awards, equated to indecency. The judges also questioned if the new FCC policy, which was imposed after Bono's word choice during NBC's broadcast of the Golden Globe Awards in 2003, was legally sustainable. The FCC is currently reviewing the appellate court's decision. A second case challenging the FCC indecency ruling involves fines forced on CBS from the Janet Jackson Super Bowl wardrobe malfunction incident.