In a move that seems certain to force a showdown over what constitutes indecency on the airwaves, four TV broadcast networks and their affiliates announced Friday that they had united to challenge a Federal Communications Commission ruling that deemed language used in several of their shows indecent.
CBS, Fox, ABC and Hearst-Argyle Television Inc. filed notices of appeal in federal court in New York and Washington late Thursday and early Friday.
They are seeking to overturn a March 15 ruling that found some broadcasts of the CBS News program "The Early Show," "Billboard Music Awards" on Fox and ABC's drama "NYPD Blue" to be indecent because they contained variations on two obscenities: what people on both sides of the issue refer to as the "F-word" and the "S-word."
Of the offending incidents, which all aired between 2002 and 2004, those on CBS and Fox involved words that the networks said were blurted out spontaneously. Those on ABC were scripted.
None of the incidents involved NBC, but the network filed a petition to intervene on behalf of the three other networks and their affiliates. NBC is waiting to resolve its own FCC complaints, including one involving U2 lead singer Bono, who uttered an obscenity while accepting an award at the 2003 Golden Globes.
The networks want the FCC to not only reverse its ruling but also to establish clearer guidelines about what is indecent.
In addition to going to court, the networks and affiliate groups representing more than 800 of the nation's TV stations issued an unusual joint statement Friday, calling the ruling unconstitutional and arguing that any obscenities contained in the programs were "fleeting, isolated -- and in some cases unintentional."
"The FCC overstepped its authority in an attempt to regulate content protected by the 1st Amendment, acted arbitrarily and failed to provide broadcasters with a clear and consistent standard for determining what content the government intends to penalize," the statement said.
The FCC quickly defended its ruling, saying it was supported by legal precedent.
"Over 20 years ago, the Supreme Court upheld the FCC's ruling that George Carlin's monologue about the 'Seven Dirty Words You Can't Say on Television and Radio' was indecent," FCC spokeswoman Tamara Lipper said. "Today, Disney, CBS and Fox challenged that precedent and said that they should be able to say two of those words."
