The U.S. Second Circuit Court of Appeals on Tuesday threw out a $1.4 million indecency fine levied against ABC for airing an episode of NYPD Blue that contained female nudity.
The court ruled that the Federal Communications Commission had relied on an “unconstitutionally vague” indecency policy for determining obscenity. At issue was the Feb. 25, 2003, episode of NYPD Blue, which featured glimpses of actress Charlotte Ross’ exposed backside. Having been surprised as she emerged from the shower, Ross’ character also covered her breasts with her crossed arms.
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