A federal appeals court in New York seems poised to toss out a government policy that can fine broadcasters for using even a single curse word on live television.
All three judges on a panel of the 2nd U.S. Circuit Court of Appeals in Manhattan Wednesday kept a government lawyer on the defensive with dozens of questions suggesting that the current policy violates the First Amendment. The judges then reserved decision.
Attorney Jacob Lewis for the Federal Communications Commission said the policy was designed to protect children.
The fight between the broadcast networks and the FCC was returned to the appeals court in November by the Supreme Court, leaving the judges free to decide the policy’s constitutionality.