Even though the very boring Bono is involved in this story (if only U2 had never met Brian Eno!), this Appeals Court ruling is a half step in the right direction.

Note: The entire existence of the FCC is unconstitutional and irrational. When Ed Markey pushed to increase the fines for "indecency" no one testified that the federal government is not supposed to own the broadcast spectrum. Why would any one? The witnesses are called to Congressional hearings by the Congressman, and no Congressman (except one heroic figure, guess who) is willing to give up that power over speech on the air. Sad stuff!

Here is a sample of the piece. Tipper Gore, eat yer heart out, baby:

US court rejects FCC broadcast decency limit
(Note strong language in paragraphs 4, 6. Adds analyst in paragraph 8)

By Martha Graybow

NEW YORK, June 4 (Reuters) - In a major victory for TV networks, a U.S. appeals court on Monday overruled federal regulators who decided that expletives uttered on broadcast television violated decency standards.

The U.S. Court of Appeals for the Second Circuit in New York, in a divided decision, said that the U.S. Federal Communications Commission was "arbitrary and capricious" in setting a new standard for defining indecency.

The court sent the matter back to the commission for further proceedings to clarify its indecency policy. The FCC, which said it was still studying the opinion, could decide to ask the U.S. Supreme Court to reverse the appeals court.

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