The United States Court of Appeals for the Second Circuit ruled that the Federal Communications Commission's policy regulating indecency "violates the First Amendment because it is unconstitutionally vague, creating a chilling effect."

This ruling came in the case of Fox Television vs. FCC, and is considered a win for broadcasters who felt that the FCC’s indecency policy was unfair.

NAB executive vice president of communications Dennis Wharton issued the following statement:

"NAB supports today's appellate court decision. As broadcasters, we will continue to offer programming that is reflective of the diverse communities we serve. We believe that responsible decision making by network and local station executives, coupled with program blocking technologies like the V-chip, is far preferable to government regulation of program content."