In a narrow decision that did not address the major constitutional questions, the U.S. Supreme Court Thursday tossed out the FCC’s penalties against ABC and Fox for broadcasts that included expletives and brief nudity, saying the two networks were not given fair notice that “brief” moments of indecency could be fined under federal policy. Significantly, though, the high court left open the door for the FCC to tweak its policy to appease the justices’ concerns. The decision allowed both sides to claim victory.
