The always eager censors at the Federal Communications Commission (FCC) stridently screamed foul and hit the network with a $1.2 million fine for indecency in 2008.
Sadly for the FCC, on Tuesday, January 4, 2010 a federal appeals court in New York struck down the fine.
The 2nd U.S. Court of Appeals in Manhattan decided Tuesday to nullify a $27,500 penalty that the FCC imposed on ABC and 45 of its affiliate stations after the image was broadcast on the police drama for less than seven seconds in February 2003. The combined fine was greater than $1.2 million.
The appeals court said its finding was consistent with its decision last year that TV stations can no longer be fined for fleeting, unscripted profanities uttered during live broadcasts.
Of course the FCC should have, and probably did, expect this ruling. It is completely consistent in findings and reasons with the Court’s earlier rulings on “fleeting obscenity” and “transient nudity,” rendered on July 13, 2010 and July 21, 2008 respectively.
It also falls perfectly in line with other, lower court decisions regarding indecency and obscenity.
I’d like to think that the FCC and other Federal Agencies, especially those solely appointed by the Executive, would sooner rather than later, understand that their inappropriately and unconstitutionally vague mandates and regulations are antithetical to everything that is truly American and an abomination to we, the People.
I rarely say, “There aught to be a law,” because that’s how agencies like the FCC got out of hand in the first place, but perhaps this should be the exception that proves the rule.
Perhaps they should make a law that makes it a federal felony for any member of- or employee of the federal government to knowingly violate the US Constitution. Preferably it would be a capital crime punishable by death and only punishable by death – specifically, hanged by the neck until dead and their corpses left to rot at the foot of the Capitol steps as a warning.
It would certainly save a lot of taxpayers’ money if they weren’t consistently in expensive and losing litigation trying to defend their wrongdoing.
I’m not going to expect it though. Such agencies do not willingly relinquish any form or level of power; it must be taken from by force, either of fiat by the Courts or of arms by we, the People.
And for those people who just love side views of women’s breast – called “sideboobs” or “sidebreasts” – here’s a gallery you might enjoy. I know I enjoyed creating it. 😛
I’m also sure that many of you will find Reflections From A Murky Pond by accident while searching for such images as those depicted above. I’m a little sorry to disappoint you insofar as the overall content of this blog is concerned, but please do read a post or two; you might find them interesting, if often less than prurient.