Court Rejects FCC Ruling On Indecency 38136

We never thought we’d find ourselves siding with Fox (except on matters pertaining to Family Guy), but we are nevertheless pleased that a federal court has tossed the FCC’s profanity rulings against said network, after determining that their current “fleeting expletives” policy qualifies as “arbitrary and capricious.”

According to the court’s 2-1 decision, the FCC’s policy was deemed inadequate primarily because the commission had failed to “to articulate a reasoned basis for its change in policy.”

In other words, by removing any wider-reaching First Amendment issues from their immediate consideration, the court is essentially saying FCC lost on a technicality.

Predictably, the FCC Chairman was rather agitated by the court’s decision, however Fox spokesperson (and HuffPo’s melodramatic blogging staff) were overcome by celebratory cheer.

“It does my democratic heart good to see the system work,” begins overly effusive blogger Jeff Jarvis, in an understated piece entitled, “The First Amendment Wins One.”

Moreover, besides being impressed by the overall verdict, Jarvis was also tickled pink by the court’s matter-of-fact assertion that President Bush and Vice President Cheney have also been known to use the occasional profanity, summarizing the legalize to mean, “if George Bush and Dick Cheney can get away with saying no-no words, then why shouldn’t Cher, Nicole Richie, and the rest of us?”

Why, indeed! And just as Jarvis had a ‘favorite part’ about the court’s decision, we have a favorite part of his post-decision reaction. Responding to the ramblings of disgruntled FCC Chairman Kevin Martin, Jarvis writes:

No, Mr. Martin. What you say is bullshit. It’s fucked up. It’s fucking stupid. I wish you would stay the fuck away from our First Amendment.

There is absolutely nothing sexual or scatological in what I’ve just said — first, because I can’t imagine saying anything involving Kevin Martin that is in any way sexual (though I guess some might say he’s kinda cute), and second because what I have just made is a political statement.

Please forgive us for being somewhat sarcastic in saying that Jeff Jarvis’ sloppy use of the f-bomb political statement does our democratic heart good.

However, his response piece might have been more persuasive had it been less reactionary, more subdued and not paired the words “Kevin Martin ” and “kinda cute” together in the same sentence (or culminated in a self-promotional plug, and a link to his Nation cover story).

Also, FYI, celebrating the federal court’s verdict by lapsing into random and not particularly poignant bouts of profanity, framed by flowery language, sloppily written prose, cringe-inducing phrases like “does my heart good” might not be the best way to kick the FCC while it’s down.

But yeah, the verdict was fucking outstanding. And, for the record, Kevin Martin is not “kinda cute,” unless you go for that “nerdy computer engineer/40 year-old virgin” type.