Editorial: Court decision on FCC ruling was correct

A federal court ruling earlier this week tossed out a $550,000 fine against CBS stations, including KOAM in the Joplin/Pittsburg market and KOLR in Springfield, which showed the infamous Janet Jackson wardrobe malfunction during the 2004 Super Bowl.

An editorial in today's Houston Chronicle praises that decision, but notes that the FCC is continuing on a moral crusade that could end up sending live programming of major events to cable:

Unfortunately, the FCC has yet to get the message. It is appealing the Fox judgment to the U.S. Supreme Court, which has put the case on its docket for this fall. One can only hope the high court puts an end to the FCC's overzealous enforcement that threatens the viability of live network television and infringes on freedom of expression. Anyone who regularly watches telecasts of real-time sporting events has probably heard an expletive from a player or coach accidentally captured by a microphone. Such breaches of taste hardly threaten the morality of the nation's kids.

Making broadcasters subject to huge fines for unplanned remarks or brief images that get on the air is unreasonable and will drive spontaneous programming to cable, which is not regulated by the FCC. That will deny those who cannot afford pay TV the opportunity to see high-profile awards shows and other live entertainment on network channels.