A federal appeals court has struck down the Federal Communications Commission enforcement policy on indecency, a major victory for First Amendment proponents, advertisers and media outlets. The appeals court concluded that "the FCC's policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here."

The ruling, issued by the US Court of Appeals for the Second Circuit in New York, will likely result in the FCC carrying an appeal to the US Supreme Court. In a statement, FCC chairman Julius Genachowski said, "We're reviewing the court's decision in light of our commitment to protect children, empower parents and uphold the First Amendment."

Dick O’Brien, head of the 4A’s Washington office, told Advertising Age "Any day a court reinforces the power of the First Amendment and the core American commitment to free speech is a good day for the advertising community. The court's upholding of First Amendment protections for broadcasters just makes those same protections for advertisers all the more secure."

Read the complete Advertising Age article.