by KYW's Amy Feldman

The FCC just proposed a $1.4 million fine against 52 ABC stations for a 2003 broadcast of an episode of NYPD Blue that showed close-ups of a woman’s naked behind which they claim was indecent (why it took them so long to rule is another question) On this Super Bowl weekend and in anticipation of another wardrobe malfunction, let’s revisit the question: what is the legal definition of indecency?

Under FCC regulations, indecent broadcasts depict or describe sexual or excretory activities.  Indecent speech is protected by the first amendment and can’t be banned—but by FCC regulation its airing is restricted to the hours of 10 pm to 6 am to avoid broadcasting during times of day when children may be listening or watching.  The FCC fines stations that show indecent material at other times, like the infamous wardrobe malfunction during the Super Bowl, or the 9 pm broadcast of NYPD Blue.  No government agency to date, however, has the ultimate power to prevent a child from viewing indecent material. That job is still for the parents to get up, turn off the TV and tell a kid to go to bed.