Various broadcasters are expected to bring a lawsuit against the Federal Communications Commission sometime within the next month, citing the FCC's failure to define standards for indecency violations.
The networks feel a majority of indecency violations issued by the FCC are prompted by public outcry and not federal regulations.
UW-Madison Professor of Journalism Steven Vaughn agrees that public outcry sometimes prompts action by the FCC.
\There are things that people tend to pay attention to when there is a public outcry and as soon as the outcry goes away business goes on as usual,"" he said.
Two of the cases in question are an incident at the Golden Globes award show broadcast on NBC in 2003 and FOX's show ""Married by America.""
The ""Married by America"" episode in question consisted of bachelor party-type scenarios featuring blurred out nudity and whipped cream entourages of men in underwear.
The incident at the Golden Globes refers to U2's Bono describing ""Gangs of New York"" as ""fucking brilliant.""
Broadcasters argue they cannot be cited for promoting sexual promiscuity when its presence exists everywhere-on cable TV, satellite and the Internet.
UW-Madison Professor of Life Sciences Communication Albert Gunther agreed with the broadcasters, saying sexuality in the media is ubiquitous.
""There is so much skin in the media now, wherever you look,"" Gunther said. ""It's in most major magazines now, so it's hard to believe any particular thing will be really offensive or harmful.""
The lawyers potentially representing the broadcasters said they plan to use this evidence as grounds against the FCC.
The lawyers and broadcasters they represent also said the definitions for indecency are not clearly defined by the FCC and therefore violate First Amendment rights.
UW-Madison Professor of Journalism Robert Drechsel said the broadcasters have their work set out for them.
""The broadcasters have not convinced the courts in the past that there's a vagueness of indecency."" Drechsel said. ""They will probably make a similar argument and it may be a broader based argument, so they may have more success with it this time.""
Laura Mahaney represents the Parents Television Council based in Los Angeles, the group who brought the Bono incident to the attention of the FCC.
Mahaney said broadcasters possibly suing to skirt around their indecency fines.
""They say they want clear lines, but every time they're slapped down with a fine they fight it,"" Mahaney said. ""At the end of the day they're going to do whatever they can to break the law.""
The projected lawsuit against the FCC should be filed within the next month.
-The Los Angeles-Times Washington Post news service
contributed to this report
