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networks win...fcc can't fine flashing
Published Jul. 21, 2008Networks wins! FCC loses.
Either no one is in control of the airways, or no one can do anything about it if there are momentary flashes on the airways. That's my take on this decision and I look to even looser standards on TV.
SCIRICA, RENDELL and FUENTES, were the Judges.
BBC NewsCourt tosses FCC `wardrobe malfunction' fine -
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Myself, I feel like anything coming through the air, radio, TV and even microwaves are mine to capture, complain about, and if there are no controls, to broadcast over the top of. I've had to block the cable channel 54 because they are hosting one of these vanity, I-want-to-be-a-star, make-me-over shows. I don't want my granddaughter watching that kind of thing, plus I share the TV and I don't want to have to endure it.
Really, if the public doesn't care, the FCC won't care what is on TV, and TV will do whatever it takes to get audience, and right now, Networks feel they are competing on an unlevel field with the cable channels. They are.
GOLO member since January 20, 2008
July 21, 2008 3:55 p.m.
Meanwhile, showing people shooting at each other is ok and always will be. Also, kids *can* get ideas about violence from video games, but can't get any ideas from televised violence. Why think when various groups can think for you?
GOLO member since October 19, 2007
July 21, 2008 1:12 p.m.
GOLO member since December 27, 2007
July 21, 2008 12:49 p.m.
July 21, 2008 12:12 p.m.
How so, Steve? CBS and the FCC asked the appeals court to rule on a particular issue of administrative law. This was after a first crack at the issues at the District Court level, which narrowed the issues. After thorough briefing from both sides, the appeals court issued a 105-page opinion, clarifying the law. Now it's more clear what the FCC can and can't do. At what point exactly did the government fail us? Now, it's true that under Iranian-style Sharia law, this issue would have been resolved more quickly. But is that what we want?
GOLO member since September 11, 2007
July 21, 2008 12:07 p.m.
Actually, this is not at all what the court said. Rather, the court said that the FCC's actions in this particular case amounted to a rule change - which they can't retroactively impose. If the FCC wants to ban all flashing, including flashing that isn't even very explicit, and lasts less than one second, there is nothing in this opinion that prevents them from doing so - provided that they make the policy change in accordance with the Administrative Procedures Act and don't try to impose the rule change retroactively.
GOLO member since September 11, 2007
July 21, 2008 12:03 p.m.
GOLO member since July 3, 2007
July 21, 2008 11:32 a.m.
July 21, 2008 11:31 a.m.
GOLO member since April 18, 2008
July 21, 2008 11:29 a.m.
And I watched this live and didn't know anything inappropriate had been shown until the news and entertainment channels replayed it 20 million times.
GOLO member since September 20, 2007
July 21, 2008 11:27 a.m.
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