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Press Release

January 4, 2011


PTC Calls Out Second Circuit Court for “Covert Jurisprudence” 

LOS ANGELES (January 4, 2011) – The Parents Television Council™ decried the Second Circuit Court for failing to publicly communicate its decision in November denying an en banc review of its Fox v. FCC ruling. Broadcasting & Cable reported that the decision to deny the review was filed under a companion docket in November, but most counsel involved in the case were not notified. The Court’s denial was made public today as a parenthetical comment in a ruling which threw out the indecency fine for a 2003 episode of “NYPD Blue.”

“The extent of the Second Circuit Court’s disdain for decency is on full public display today through the outrageous manner in which it denied a full-court review of its Fox v. FCC decision. It appears to us that the Court deliberately intended to keep secret its denial of the FCC’s appeal, thereby precluding – or at least impeding – a timely appeal to the Supreme Court. Such an attempt at ‘covert jurisprudence’ demonstrates this Court’s contempt for the public interest, and it demands a comprehensive legal review,” said PTC President Tim Winter.

“Supreme Court review of both the Fox and the ‘NYPD Blue’ decisions cannot happen fast enough. We urge the FCC and the Department of Justice to move swiftly on both appeals. The constitutionality of the broadcast decency law has been affirmed by our nation’s High Court, and the law has the unwavering support of Congress and the American people. The message that broadcasters will be held accountable for violating the commonsense broadcast decency law, not to mention the trust of parents and families, is long overdue,” Winter concluded.


To speak with a representative from the Parents Television Council, please contact Megan Franko at (703) 859-5054 or Liz Krieger at (703) 683-5004 ext. 120.

The Parents Television Council™ (www.parentstv.org®) is a non-partisan education organization advocating responsible entertainment. It was founded in 1995 to ensure that children are not constantly assaulted by sex, violence and profanity on television and in other media. This national grassroots organization has more than 1.3 million members across the United States, and works with television producers, broadcasters, networks and sponsors in an effort to stem the flow of harmful and negative messages targeted to children. The PTC also works with elected and appointed government officials to enforce broadcast decency standards. Most importantly, the PTC produces critical research and publications documenting the dramatic increase in sex, violence and profanity in entertainment. This information is provided free of charge so parents can make informed viewing choices for their own families.





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