Eight years after the infamous NYPD Blue episode featuring actress Charlotte Ross’ buttocks aired and two years after FCC slapped the ABC stations with a $1.4 million fine over the racy scene, the penalty has been tossed by a federal appeals court. The 2nd U.S. Circuit Court of Appeals today threw out the fine stems from its July ruling that struck down the FCC indecency policy, claiming that it “violates the First Amendment because it is unconstitutionally vague.” In a statement, ABC said it was “pleased” with the court’s decision. “We have always believed that this 2003 episode of the long-running and acclaimed series NYPD Blue was not indecent and that the fines were unwarranted and unconstitutional.” UPDATE: The Parents Television Council watchgroup group condemned the ruling. “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. Regardless of one’s political viewpoint – left, center or right – this may well be the most egregious example of ‘legislating from the bench’ that our Federal Court system has ever witnessed,” PTC president Tim Winter said.
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