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[ga] FCC Indecency Ruling Struck Down. Will ICANN comply?

  • To: General Assembly of the DNSO <ga@xxxxxxxxxxxxxx>
  • Subject: [ga] FCC Indecency Ruling Struck Down. Will ICANN comply?
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Wed, 06 Jun 2007 01:57:29 -0700
  • Cc: Maria Farrell <maria.farrell@xxxxxxxxx>, Chris Chiu <CCHIU@xxxxxxxx>, icann board address <icann-board@xxxxxxxxx>
  • Organization: INEGroup Spokesman
  • Sender: owner-ga@xxxxxxxxxxxxxx

All,

  I wonder if this translates to mailing list forums?
The terms 'arbitrary and capricious' were specific in
this ruling.  Very strong legal terminalogy/language for
a court.
IMHO it is a welcome and good victory for free speech
and against those that practice selective censorship.
And thank goodness the 2nd circuit has judges that
understand the 1st amendment!

Maria, are you getting the drift here?

See: http://asia.news.yahoo.com/070604/3/32w7k.html

"Reuters reports that the 2nd circuit has struck down the FCC's recent
ruling on indecency, in a case brought by Fox. The court said the
U.S. Federal Communications Commission was 'arbitrary and capricious'
in setting a new standard for defining indecency. 'Republican FCC
Chairman Kevin Martin angrily retorted that he found it "hard to believe

that the New York court would tell American families that 'sh*t' and
'f@ck' are fine to say on broadcast television during the hours when
children are most likely to be in the audience ...
If we can't restrict the use (of the two obscenities) during prime time,

Hollywood will be able to say anything they want, whenever they want,"
Martin said in a statement.' No word yet on whether the agency will
appeal.

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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