Indecent broadcasts

Finally, we have a broadcast company willing to tell the Federal Communications Commission to go pound sand.

On Monday, the FCC sued Fox Broadcasting in federal court because the company has refused to pay $56,000 in fines levied by government regulators.

The dispute began three years ago, when the network aired a show called "Married by America" that featured scenes from bawdy bachelor and bachelorette parties. One episode included the "thrusting of a male stripper's crotch into a woman's face" in addition to other scenes FCC bluenoses found objectionable.

A handful of viewers also complained, so the FCC responded by trying to shake down Fox for $1.2 million -- $7,000 for each of the 169 Fox-affiliated stations.

The network challenged the punishment, so the FCC dropped the complaints against all but 13 stations -- those which had viewers who actually filed objections to the show with the agency.

Fox still refuses to pay its share of the outstanding fines, and rightfully so. The FCC's approach to policing network content -- the subject of a pending U.S. Supreme Court case -- is ridiculous and silly. If a viewer complains in Peoria, the local station faces a fine, but if the same "objectionable" scene airs in Flint without raising any eyebrows, that's OK? A tiny station in South Dakota faces the same fine as a New York City affiliate?

Does any of this make sense?

The FCC's decision in this case was "arbitrary and capricious, inconsistent with precedent and patently unconstitutional," noted the network.

A spokesman said, "We look forward to the opportunity to present the full factual and legal arguments in the 'Married by America' case to an impartial and open court of law."

Agency lawyers aren't used to going to court, as most broadcasters meekly comply or settle when the government censor knocks. Let's hope this one goes the distance, Fox emphasizes the First Amendment aspects of the case, and FCC officials are forced to defend a process that looks suspiciously like they're making it up as they go along.