NEW YORK, January 5, 2011 ( – Yesterday, the U.S. Court of Appeals in Manhattan scuttled an order by the Federal Communications Commission (FCC) which would have imposed a fine of $1.4 million on ABC TV affiliates for airing indecency at 9pm (CT).  The offending episode of NYPD Blue depicted a woman disrobing in a bathroom, while an 8-year-old boy watches.

According to the court, the FCC indecency policy under which the order was granted is “unconstitutionally vague.”

The pro-family group Morality in Media (MIM) filed an amicus brief in the case in support of the FCC order and expects to file another if the U.S. Supreme Court agrees to hear the FCC’s anticipated appeal.

MIM president Robert Peters said that he agreed the FCC’s broadcast indecency policy is a mess. He added, however, “did ABC TV executives and legal eagles need additional guidance to determine whether a seven second scene in which an attractive female completely disrobes in front of an 8-year-old boy could violate the broadcast indecency law?”

MIM says it hopes the Supreme Court will disagree with the 2nd Circuit Court of Appeals.

“When it comes to the well-being of children, broadcasters should know what is and isn’t appropriate and act accordingly,” said Peters. “If they don’t know, they shouldn’t be broadcasters.”

To express concerns to ABC click here