Logo

ABC Challenges FCC’s ‘NYPD Blue’ Fine in Court

Feb 21, 2008  •  Post A Comment

ABC is going to court to stop the Federal Communications Commission from fining it and 45 of its stations $1,237,500 for airing scenes that showed a woman’s naked buttocks on a 2003 episode of “NYPD Blue.”
The network today paid the fine before filing papers in the 2nd Circuit U.S. Court of Appeals challenging it as “arbitrary and capricious” and contrary to past commission decisions as well as to the First Amendment. A network spokeswoman said the ABC Affiliates Association will support the suit.
ABC had earlier indicated it would fight the fine.
The FCC announced the fine for the nearly 5-year-old episode Feb. 12, just as the statute of limitations for taking action was about to run out.
Originally the FCC proposed fining 52 stations in the Central and Mountain time zones a total of $1.43 million for airing the program; however, the agency later cut the number of stations.
Of the remaining stations, WLS-TV in Chicago and KTRK-TV in Houston are ABC owned-and-operated stations; the others are affiliates. Each station was fined the $27,500 maximum.
The FCC cited the opening shots in an episode in which the young son of widowed Det. Andy Sipowicz enters the bathroom in his house and encounters his father’s partially unclothed detective girlfriend.
ABC and the affiliates association had urged the FCC to reject the fine, saying the scene wasn’t indecent but rather a mature exploration of some of the problems faced by single adults with young kids. They also contended the buttocks isn’t “a sexual organ.”
“Never before has the commission deemed the depiction of naked buttocks ‘patently offensive’ unless they were presented in a highly sexualized or scatological fashion,” ABC said in its filing on behalf of both the network and the two owned-and-operated stations cited.
The FCC rejected that claim, saying the scene repeatedly focused on the woman’s nudity, going so far as to have a camera pan down her back as she went into the shower to reveal a second shot of her buttocks.
“We simply conclude here that the disputed material’s clear, unobscured, close-range visual depiction … of a woman’s naked buttocks was sufficiently graphic and explicit to support an indecent finding,” the agency said. “We find that in context and on balance the material is patently offensive as measured by contemporary community standards for the broadcast medium.”
An FCC spokeswoman defended the agency’s action.
“The commission will defend the forfeiture order. We continue to believe it was inappropriate content aired at a time when children are watching TV,” she said
Parents Television Council president Tim Winter ripped ABC’s decision to appeal.
“I never thought I would see the day when Walt Disney’s company appealed to a court of law for the right to air graphic sexual content in front of children,” he said in a statement. “ABC’s legal strategy is clearly at odds with its corporate parent and with the overwhelming majority of American families who believe that intentionally showing a graphic display of female nudity at 9 p.m is indecent and unacceptable.”
Whether ABC’s challenge ever gets heard could depend on two other cases challenging the FCC’s indecency enforcement. The FCC is asking the Supreme Court to hear a case in which an appeals court overturned its finding that statements made by Cher and Nicole Richie on two live Billboard Music Awards shows were indecent. Separately, CBS is challenging the FCC’s ruling that Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show was indecent.
9:45: Updated 2nd paragraph, added PTC comment

94 Comments

  1. Children are watching TV at 9 p.m.? How do they know that? They are raising our children now because their parents can’t (or won’t) do their job? The FCC is completely retarded. This agency needs to abolished fast.

  2. I say we also abolish companies who’s sole duty is to complain about “offensive” programming they weren’t even watching.

  3. This is right up there with the MPA ratings for movies. A few people, who are supposed to represent a cross section of our countries interests and beliefs, are in a position to decide what they think is appropriate for the general public to see. Um….who decides which people get to make these choices? Are they elected by the public, so that it would be an accurate representation of the general publics views?? NO!!!! Is the FCC or MPA answerable to any higher authority?? NOT !!! In a country that is at war to protect “Democracy and Freedom”, this is truly an unfathomable and beyond hypocritical. If the FCC is now the final authority on how we are to “protect our children”, then we, as Americans, are a bigger threat to ourselves than any terrorist.
    Oh yeah, one more thing.. If we are really worried about what our children are watching on TV..WE CAN ALWAYS TURN THE F#$&ING THING OFF!!!!!

  4. SOMEONE HAS TO KEEP THIS SORT OF THING IN CHECK.
    FATHER 1st and the rest of you….would you let your kids watch PORN ?
    If not , would you turn (as you said) turn it off ?
    Do you like PORN ?
    Freedon is a VERY good thing ! But total freedom is not.
    The best way to ruin a child (or anyone) is to give them EVERYTHING THEY WANT .

  5. i second that

  6. Ace, you are an idiot. That is the most relevant, and rhetorical question I have heard all day. “Would you let your kids watch PORN?” Well no sh1t. Of course he would turn the damn TV off if Porn came up on TV. It’s kind of obvious that you have no sh1t clue about parenting.

  7. Wow, The FCC really does suck. And shutup Cok, You weird ass fuck.

  8. if every editor wrote like you believe me the world would be a better place! this was an excellent read expecting more!

  9. Thank you for a great post

  10. very nice post liked it. keep it up :)

  11. I’ll be showing this article to all my friends. What a interesting read, I appreciate this information very much. Thank you, Sincerely.

  12. Electronics are the greatest things in the world. Be sure to patent any product idea or invention you come up with. So that noone copies any of your ideas.

  13. Technology is getting more amazing as time passes. I cant wait to see whats being created 10 years down the road. Electronics have been devolping at such a rapid rate. Noone can expect whats coming next.

  14. That is a very interesting post, Patents are needed for all new technology. If you come up with something be sure to get a patent on it or you may just have your technology copied.The Visto Philosophy mimics The Real Networks Philosophy… “When you can’t sell your products on your own, just sue anyone else that does the job better.”

  15. I found your site via google thanks for the post. I will bookmark it for future reference. Thanks Bodybuilder Forum is a great site for related tips.

  16. Thanks for your visiting this http://www.glamoursell.com online store.

  17. In related news, Tiger Woods has a new sponsor. Durex.

  18. Kudos to you! This is a really good blog here and I love your style of writing. How did you get so good at blogging?

  19. This is the perfect blog for anyone who wants to know about this topic. You know so much its almost hard to argue with you (not that I really would want…HaHa). You definitely put a new spin on a subject thats been written about for years. Great stuff, just great!

  20. Dreamin. I love blogging. You all express your feelings the right way, because they are your feeling, focus on your blog it is great.

  21. High quality info here! Keep up the great work. I love the feelings being expressed.

  22. This is the best blog I’ve ever seen in my life! I really appreciate you taking the time out of your busy day to share your this with everyone.

  23. Way to focus and straight to your point, i love it. Keep up the work people. Dont let anyone stop us bloggers.

  24. I would like to start my own blog one day. This was a really nice blog that you made here. Keep up the success 😛

  25. Dreamin. I love blogging. You all express your feelings the right way, because they are your feeling, focus on your blog it is great.

  26. Love this blog.

  27. Love all the opinions expressed here! How is everyone? Love how everyone expresses whatr they feel :)

  28. Awesome blog, nice writing :)

  29. This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

  30. You make blogging look like a walk in the park! I’ve been trying to blog daily but I just cant find writing material.. you’re an inspiration to me and i’m sure many others!

  31. I love the way you write and also the theme on your blog. Did you code this yourself or was it done by a professional? I’m very very impressed.

  32. Weird… I just came across your web site by looking for ‘financial spreadbetting’ on Yahoo. But I can’t find any posts on that on here?

  33. You make blogging look like a walk in the park! I’ve been trying to blog daily but I just cant find writing material.. you’re an inspiration to me and i’m sure many others!

  34. I really like the colors here on your blog. did you design this yourself or did you outsource it to a professional?

  35. I really like the colors here on your blog. did you design this yourself or did you outsource it to a professional?

  36. Interesting thoughts here. I appreciate you taking the time to share them with us all. It’s people like you that make my day :)

  37. I love the way you write and also the theme on your blog. Did you code this yourself or was it done by a professional? I’m very very impressed.

  38. I would like to start my own blog one day. This was a really nice blog that you made here. Keep up the success 😛

  39. hey all. so i’m an aspiring amateur marketer (online,offline,really all venues) and relatively new to the whole social media scene which entails understanding how social media can be tied into online marketing campaigns. nevertheless, i do not have access to a [url=http://www.mindgamemarketing.com]social media marketing[/url] tutorial or help site… so i was wondering if it would just be more simple to maybe take a class at a local community college? Thanks!

  40. Neat blog layout! Very easy on the eyes.. i like the colors you picked out

  41. Are you insterested in link exchange. I found it on AOL

  42. Are you insterested in link exchange. I found it on Bing

  43. I Must Be Walking In Circles.

  44. I wouldn’t love you.

  45. Just sought after to say that you’re going to have some helpful articles on your web site. You have achieved a incredibly awesome employment with this 1. Thanks!

  46. I am grateful to you for this fantastic content. You actually did make my day :

  47. I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply back as I’m looking to create my own blog and would like to know wheere u got this from. thanks

  48. I am extremely impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to see a nice blog like this one these days.. :)

  49. Thank you for this blog. Thats all I might say. You most obviously have created this homepage into something speciel. You clearly know what you are doing, youve insured so many corners.kind regards

  50. Have you actually regarded adding more videos for your weblog posts to maintain the readers significantly more entertained? I mean I just read through the entire post of yours and it was quite great but since I am significantly more of the visual learner,I discovered that being far more helpful well let me know how it turns out! I really enjoy what you men are generally up as well. This kind of clever perform and reporting! Maintain up the excellent works guys I’ve added you men to my blogroll. This can be a superb write-up thanks for sharing this informative information and facts.. I will go to your blog often for some latest article.

  51. I am little curious to know more about it………

  52. This is good info! Where else can if ind out more?? Who runs this joint too? Keep up the good work :)

  53. well done!nice job!

  54. You make blogging look like a walk in the park! I’ve been trying to blog daily but I just cant find writing material.. you’re an inspiration to me and i’m sure many others!

  55. Hi, I just wanted to let you all know that there is a project being conducted at Harvard trying to compile the most effective arguments for and against Wikileaks. I think it’s a brilliant idea and would be an interesting read for many of you. http://www.voteonwikileaks.com

  56. Hey, Good evening I was looking for crucial information on this subject. The information was important as I am about to launch my own portal. Thanks for providing a missing link in my business. Greetings from Arkansas

  57. Neat blog layout! Very easy on the eyes.. i like the colors you picked out

  58. Amazing freakin blog here. I almost cried while reading it!

  59. Amazing freakin blog here. I almost cried while reading it!

  60. I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply back as I’m looking to create my own blog and would like to know wheere u got this from. thanks

  61. This is the best blog I’ve ever seen in my life! I really appreciate you taking the time out of your busy day to share your this with everyone.

  62. Laundry Room Love- It was Sunday again, and the weather was just that…a melancholy blue and shadowed afternoon, cool to the touch. Last night, another bore, living by herself just isn’t what she expected. Mom and Dad are a lifetime…Straight

  63. This is the best blog I’ve ever seen in my life! I really appreciate you taking the time out of your busy day to share your this with everyone.

  64. Way to focus and straight to your point, i love it. Keep up the work people. Dont let anyone stop us bloggers.

  65. Amazing freakin blog here. I almost cried while reading it!

  66. I really like the colors here on your blog. did you design this yourself or did you outsource it to a professional?

  67. I love the expression. Everyone needs to express there own opinion and feel free to hear others. Keep it up :)

  68. Great blog!! You should start many more. I love all the info provided. I will stay tuned :)

  69. I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply back as I’m looking to create my own blog and would like to know wheere u got this from. thanks

  70. Metropolis of Melbourne 67% (one,020 of one,520) Thought th is was Way Cool .. yep, Thanks alot for th is wonderful document.

  71. I am joyful to find so numerous valuable information here in the article, we need increase extra techniques inside this regard, thanks for sharing

  72. Another great post lika always, thanks for the info!

  73. Nice blog here! Also your website loads up fast! What host are you using? I wish my website loaded up as fast as yours lol

  74. powerful lexicon prototypes ampoule hydrants okstate crawl esmaili fame malta timepublish wide qul qul

  75. Fantastic article!! Going to require some time to think over the article!

  76. What a comfort to determine a article that may perhaps be present finally really meaning reading! I’ve been in search of all-around regarding this focus but men and women now put waste posts, or brief empty posts. I contain looked at a couple vids on youtube but it’s now the identical as reading a good post.

  77. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

  78. thank you for this tremendous post, I am glad I discovered this internet site on yahoo.

  79. I really like your writing style, fantastic information, appreciate it for posting : D.

  80. I really like reading through and I think this website got some really utilitarian stuff on it!

  81. I had issues together with your website on my browser and had to refresh the web page several times?-

  82. I was somewhat miffed by the inclusion of Aol. and My Little Pony but to the entire, i suppose th is is often a nice spherical up of a number of th is year is greatest and worst layout get the job done.

  83. I totally agree with kraft foods logo. It??s really bad. But totally desagree with nickelodeon logo. The first a person was significantly better.

  84. Love all the opinions expressed here! How is everyone? Love how everyone expresses whatr they feel :)

  85. High quality info here! Keep up the great work. I love the feelings being expressed.

  86. Interesting thoughts here. I appreciate you taking the time to share them with us all. It’s people like you that make my day :)

  87. You make blogging look like a walk in the park! I’ve been trying to blog daily but I just cant find writing material.. you’re an inspiration to me and i’m sure many others!

  88. Wonderful info. I am going to need a bit of time to toy with the site.

  89. Interesting layout on your blog. I really enjoyed reading it and also I will be back to read more in the future.

  90. Interesting layout on your blog. I really enjoyed reading it and also I will be back to read more in the future.

  91. This is the best blog I’ve ever seen in my life! I really appreciate you taking the time out of your busy day to share your this with everyone.

  92. Keep focusing on your blog. I love how we can all express our feelings. This is an extremely nice blog here :)

  93. I would like to start my own blog one day. This was a really nice blog that you made here. Keep up the success 😛

  94. Nice!! Great Ifo. Great People. Great Blog. Thank you for all the great sharing that is being done here.

Your Comment

Email (will not be published)