We agree with the Networks that the indecency policy is impermissibly vague. The first problem arises in the FCC’s determination as to which words or expressions are patently offensive. For instance, while the FCC concluded that “bullshit” in a “NYPD Blue” episode was patently offensive, it concluded that “dick” and “dickhead” were not. Other expletives such as “pissed off,” up yours,” “kiss my ass,” and “wiping his ass” were also not found to be patently offensive.

– Judge Rosemary S. Pooler, in a Second Circuit opinion in a case remanded by the Supreme Court. The Second Circuit struck down an FCC obscenity rule for being unconstitutionally vague and violating the First Amendment.


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