FCC to review "fleeting gesture"

By Vijeta Kadarmandalgi

(© 2009 The Associated Press)

While the FCC is still dealing with the issues of a "fleeting expletive" in the case, FOX v. FCC, now it is taking on another case which is similar and, yet, completely different. During this year's Golden Globes, while Mickey Rourke was receiving his "Best Actor" award for his role in "The Wrestler," the director of the movie is seen giving Rourke the middle finger. NBC confirmed that the gesture was shown and NBC did not cutaway from "the finger" but, the broadcast was blacked out in the west coast.

The FCC is now reviewing this situation to see if it is indecent or obscene, according to the article. According to the FCC, for something to be considered indecent it must be"language or material that, in context, depicts of describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities."

- According to the legal definition of "indecency" and "obscenity" should the FCC sanction fines against NBC for not cutting away from it?

- Legally, what could NBC use as a defense against any FCC sanctions? What case would support their legal argument?