Syracuse, NY - It’s not everyday you read the F-word and other vulgarities in a court ruling. But that’s what happens when the court is addressing the Federal Communications Commission’s policy allowing broadcasters to be fined for “fleeting expletives” that get aired. The Second Circuit Court of Appeals in New York last week ruled the FCC policy was unconstitutionally vague...
Syracuse, NY - It’s not everyday you read the F-word and other vulgarities in a court ruling. But that’s what happens when the court is addressing the Federal Communications Commission’s policy allowing broadcasters to be fined for “fleeting expletives” that get aired.
The Second Circuit Court of Appeals in New York last week ruled the FCC policy was unconstitutionally vague and had a chilling effect on broadcasters. And in making that decision, the three-judge federal appeals panel had to specifically write some of the very words that had been targeted by the FCC.
Key among them were different variations of the F-word that had been uttered by U2 lead singer Bono during the 2003 Golden Globes awards show, by Cher during the 2002 Billboard Music Awards program and by Nicole Richie during the 2003 Billboards awards show. The crackdown was prompted by the Justine Timberlake/Janet Jackson clothing incident at the 2004 Super Bowl that became known as “Nipplegate,” the court noted.
The FCC argued it required flexibility beyond the previous enforcement standard that targeted the words from comedian George Carlin’s “Filthy Words” monologue because people found ways to make obscene comments without using those specific words.
“The observation that people will always find a way to subvert censorship laws may expose a certain futility in the FCC’s crusade against indecent speech, but it does not provide a justification for implementing a vague, indiscernible standard,” the court concluded.
The decision, written by Syracuse Judge Rosemary Pooler, might not have passed FCC broadcast muster since it included the F-word nine times along with some other vulgarities.
Appellate "Prosecutor of the Year" Jim Maxwell honored
Chief Assistant District Attorney Jim Maxwell found himself the victim of a conspiracy last week -- albeit a very nice one abetted by wife Colleen -- when he was lured into attending the state District Attorneys Association summer conference banquet in Lake George unaware he was to be honored.
The New York Prosecutors Training Institute (NYPTI) honored Maxwell as the “Prosecutor of the Year” in the appellate advocacy category in recognition of his appellate skills, his teaching of new prosecutors at NYPTI’s annual summer college in Syracuse and his availability to help other prosecutors across the state with his legal expertise.
Maxwell also was cited for his work on a local gang-rape case where the state Court of Appeals recently relaxed the rules for what the court requires as corroboration of an accomplice’s testimony against a defendant. The high court’s ruling, welcomed by prosecutors, backed away from a tougher standard the court established 30 years ago.
Maxwell, nominated for the NYPTI award by boss DA Bill Fitzpatrick, received a standing ovation at the banquet. A graduate of Christian Brothers Academy, Canisius College and the Boston College Law School, Maxwell has worked for the local prosecutor’s office since 1989.
Gun-shy gun-possession defendant talked into plea deal
Jose Cepeda-Calderon may have been having trouble seeing the handwriting on the wall until County Judge Tony Aloi and Assistant DA Bridget Scholl made it bluntly clear Thursday: he either took the deal on the table right then or faced significantly more prison time if convicted later.
Scholl said the deal for Cepeda-Calderon to get 6 ½ years in prison in a gun possession case would be withdrawn if he didn’t take it then. The prosecution then would be seeking a 15-year maximum penalty, she said, accusing the defendant of dragging his heels to try and stay out of jail for the rest of the summer.
“This is as good as it’s going to get,” Aloi told the defendant, rejecting defense lawyer Ron Pelligra’s request for another two weeks to consider the offer.
Cepeda-Calderon ended up pleading guilty and will still have the rest of the summer for himself. Sentencing isn’t until Sept. 23.