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djofraleigh: blog

djofraleigh's blog


networks win...fcc can't fine flashing

Published Jul. 21, 2008

Networks 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 News
Court tosses FCC `wardrobe malfunction' fine -


10 Comments


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Some of us would not mind seeing porno on the TV, and some would not like to see any violence, even that in old westerns and certainly the gore and blood horror flicks. TV shows exist now that I don't think are fit fodder for even adults, such as Maury and Springer.

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.

The people that "failed" are the people who made a mountain out of this mole hill, demanding the FCC ("government") assess a fine to CBS even though it had no rule or authority to do so. The only people who saw anything were people who *wanted* to via replay. Going without a delay was silly, and hasn't happened since.

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?

I would rather explain that (the "malfunction")than two men kissing on TV to my small kids!

As I gaze into my Crystal Ball I see youngsters having a good time.

"Government and the courts have failed us."

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?

"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."

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.

The pathetic thing about this whole incident is that it took three and a half years to resolve. Government and the courts have failed us.

and it goes down hill from here....

Lord have mercy, who cares if there's a little bit of breast tip (won't let me call it what it really is_ on TV?

FCC has already said they won't fine networks if they have incidences where people curse on live TV by accident. That is no different than this.

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.

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