A federal appeals court has struck a win for bare bottoms on the boob tube.
The 2nd U.S. Court of Appeals in Manhattan Tuesday said the FCC erred in imposing a $1.2 million slap on the wrist for ABC and 44 TV stations for airing a flash of nudity in a nearly 8-year-old episode of “NYPD Blue,” Bloomberg News reported.
ABC had asked for another hearing over its 2008 fine after the same appeals court ruled in a July case against Fox that the FCC's indecency policy was “unconstitutionally vague.”
The offending “NYPD Blue” episode from February 2003 broadcast actress Charlotte Ross naked from behind for less than seven seconds during a shower scene where her character is walked in on by the son of her romantic partner, according to reports.
The appeals court ruled that even though “this case involves scripted nudity” the FCC’s fines could be canceled in light of the court's decision on the Fox indecency case, which had turned on instances of unscripted live profanity at an awards show, Bloomberg reported.
In a statement slamming the decision, the conservative Parents Television Council said: “Once again the Second Circuit has proclaimed that it knows better than the Supreme Court, the Congress, the FCC and the overwhelming majority of the American people.”