Update: On June 21st, the Supreme Court overturned indecency penalties against Fox Broadcasting and ABC broadcasting, but declined to overturn the larger indecency regulatory structure initiated in the 1978 Pacifica vs FCC case immortalized by George Carlin as "The Seven Dirty Words". See below a press release from the Center for Creative Voices in Media.

In response to decision in Fox v. F.C.C. by the Supreme Court of the United States, the following statement was issued by The Center for Creative Voices in Media, one of the amici curae:

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The Center for Creative Voices in Media welcomes today’s ruling by the Supreme Court of the United States in Fox v. F.C.C. overturning the Commission’s findings of “indecency” against Fox in the Billboard Music Award cases and ABC in the NYPD Blue case. Creative Voices was an intervening party in the case, arguing forcefully that the lack of adequate Commission notice on what constituted indecency had a “chilling effect” on protected First Amendment speech, negatively impacting creative media artists and the American public.

We regret, however, that the Court declined to overturn the Commission’s indecency policy as an unconstitutional violation of the First Amendment, which it certainly is. As a result of the Court’s actions, creative media artists now likely face many more years of uncertainty as to what precisely is or is not “indecent” under FCC policy, and whether that policy is consistent with the First Amendment.

The F.C.C.’s excessively broad, incomprehensibly ambiguous, and utterly subjective indecency policy has put creative, challenging, and controversial broadcast television programming at risk. In many cases, the very kinds of television programs that parents want their children to watch – high quality documentaries, histories, and dramas – are affected. We documented this chilling effect in our report filed with the Court, Big Chill: How the FCC's Indecency Decisions Stifle Free Expression, Threaten Quality Television, and Harm America's Children, available on our website.

The Center for Creative Voices in Media is a nonpartisan nonprofit group dedicated to preserving free speech, free expression, and independent and diverse creative voices in our nation’s media. Members of the Board of Advisors of Creative Voices include Warren Beatty, Steven Bochco, Peggy Charren, Tom Fontana, Sissy Spacek, and other Oscar, Emmy, Peabody, Tony, and other award-winning creative artists.

We’re pleased the Future of Music Coalition joined us in our Supreme Court filings. FMC is a national non-profit education, research and advocacy organization that seeks a bright future for creators and listeners. FMC works towards this goal through continuous interaction with its primary constituency — musicians — and in collaboration with other creator/public interest groups.

We gratefully acknowledge the work of Andrew Jay Schwartzman and Parul Desai of the Media Access Project, counsel to the Center for Creative Voices in Media in this proceeding.

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A case in the 2nd Circuit by Fox and a bunch of public interest groups challenges the historic "7 Dirty Words" case lost by Pacifica Radio and George Carlin in 1978.

 While usually no one wants to read legal briefs, this is a surprisingly entertaining one, being both of significant interest to all broadcasters and littered with colorful language to enliven the legalese.