WASHINGTON, June 21 (Reuters) - The U.S. Supreme Court on Thursday said communications regulators failed to provide broadcasters with fair notice of their tougher stance on profanity and nudity, and threw out sanctions stemming from three high-profile incidents on ABC and Fox networks.
Here is a look at the path the Federal Communications Commission's rules on TV profanity and nudity have taken:
1927
The Radio Act of 1927 establishes the Federal Radio Commission. It cannot censor stations or interfere with free speech, but federal law bans the use of "obscene, indecent, or profane language by means of radio communications." The FCC replaces this agency in 1934.
1948
Congress creates the U.S. criminal code. It includes a statute prohibiting "obscene, indecent, or profane" content, and violators can face up to ${esc.dollar}10,000 in fines and up to two years in prison. The FCC retains the right to enforce indecency rules and issue fines.
1950s-1960s
Pop sensations of the time face scrutiny when appearing on television. Elvis Presley's gyrations are considered too suggestive, so in 1957 he's filmed only from the waist up for The Ed Sullivan Show. A decade later, the Rolling Stones agree to change the lyrics of "Let's Spend the Night Together" to "Let's spend some time together" when performing on the Sullivan show.
1973
A San Francisco radio station broadcasts comedian George Carlin's "Filthy Words" monologue, in which he lists seven dirty words that cannot be said on television. The station challenges the letter of reprimand from the FCC, and the U.S. Court of Appeals for the District of Columbia Circuit overturns the FCC's decision, calling into question other indecency claims made by the agency.
1978
The FCC appeals the "Filthy Words" ruling to the U.S. Supreme Court. In a 5-4 vote, it narrowly upholds the FCC's power to regulate indecency.
1987
The FCC modifies its definition of broadcast indecency. It now prohibits "material that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium."
1988
The FCC bans all indecent broadcasting after the D.C. Circuit upholds the new definition of indecency but orders the agency to inform broadcasters of times when indecent material could be aired. An appropriations bill includes language that calls for the full 24-hour ban.
1990s
A battle ensues over the complete ban on indecent material, and the D.C. Circuit in 1991 rules it unconstitutional. Congress in 1993 directs the FCC to bar indecent material from 6 a.m. to midnight, which the D.C. Circuit also rules is unconstitutional. To comply with the appeals court's ruling, the FCC in 1995 narrows the ban on indecent material's timeframe to between 6 a.m. and 10 p.m. This standard holds up.
1997
NBC, owned by General Electric before Comcast Corp bought a majority stake in 2011, airs the uncut version of the Oscar-winning Holocaust drama "Schindler's List," which includes graphic violence, profanity and full frontal nudity. The FCC takes no action.
2001
The FCC releases a policy statement that says a significant factor in determining whether allegedly indecent broadcasts are offensive will be "whether the material dwells on or repeats at length" the offending action.
2002 - 2003
Singer Cher blurts out the "F-word" during the 2002 Billboard Music Awards broadcast on News Corp's Fox television network. The following year, celebrity Nicole Richie uses two expletives while on the awards show. On Walt Disney Co's ABC network, a seven-second shot of a woman's nude buttocks airs during a 2003 "NYPD Blue" episode.
2004
February - Pop star Janet Jackson briefly exposes a breast after a "wardrobe malfunction" during the broadcast of a halftime show for the Super Bowl football championship, drawing half a million complaints. CBS Corp is fined ${esc.dollar}550,000.
March - The FCC tightens its indecency rules to bar "single uses of vulgar words," no longer allowing leeway for "fleeting" expletives or momentary nudity. The agency finds that both Fox and ABC's previous actions violated the new standard. The networks take the FCC to court.
November - Many ABC affiliates opt not to take part in the network's Veterans Day airing of the Academy Award-winning World War Two movie "Saving Private Ryan" over fears that profanity and violence in the film would trigger FCC fines. No action was taken against the more than 100 ABC stations that did air it.
2006
President George W. Bush signs into law the Broadcast Decency Enforcement Act of 2005. It increases the maximum fine the FCC can impose per indecency violation from ${esc.dollar}32,500 to ${esc.dollar}325,000.
2009
The Supreme Court rules that the FCC's indecency policy is a rational and legally permissible use of the FCC's administrative powers, but does not address the free-speech issue.
2011
The U.S. 3rd Circuit Court of Appeals tosses out the ${esc.dollar}550,000 fine on CBS stations over the Super Bowl wardrobe malfunction, finding it was not consistent with the FCC's prior behavior.
2012
The Supreme Court declares that the FCC's standards were vague as applied to the Fox and ABC broadcasts, and says the agency has several options, which include reviewing the current policy and modifying it. The Court does not decide the larger question of whether the indecency policy violated constitutional free-speech rights. (Reporting By Jasmin Melvin; Editing by Paul Simao)











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