Motley Crue Sue Over Television Ban

In the history of rock star misdemeanours, it wasn't much of an offence.

"Happy fucking New Year, Tommy," said Vince Neil, the lead singer of glam-metal giants Motley Crue, as he congratulated the band's drummer on December 31 last year.

But the remark - broadcast live on TV - led to the group being banned from NBC.

Now the rockers have launched a civil suit against the network for discrimination and violating their right to free speech.

"We meant no harm, but it feels that we're being singled out unfairly," the bassist, Nikki Sixx, told The New York Times yesterday. "This is a discrimination issue, pure and simple. All we've ever asked is to be treated like everybody else, which is why we're taking this action."

The incident happened during the New Year's eve edition of The Tonight Show, when singer Neil extended his New Year wishes to drummer Tommy Lee.

Following the programme the US federal communications commission pledged to investigate and take the incident seriously. However, no fine was ever levied. Nevertheless, the network chose to ban the group.

In the lawsuit filed in Los Angeles yesterday, the band alleges that the ban "constitutes governmentally pressured censorship and violates the law the same as if the government itself had ordered the censorship".

The lawsuit argues that "caught up in the exuberance of the moment, Neil meant no harm to anyone, and shortly thereafter, the band sought to issue a public apology, which NBC squelched". It alleges that a further appearance on NBC was cancelled, causing the band to lose prospective sales and corporate sponsorship.

The suit also points out that subsequent use of the F-word by two other performers was not penalised.

The band is seeking a court order to force the network to lift its ban and pay unspecified damages. It also argues that the band's ability to promote its work has been harmed.

NBC issued a statement yesterday saying that the suit was without merit.

"To ensure compliance with its broadcast standards, NBC has the right to decide not to invite back guests who violate those standards and use an expletive during a live entertainment programme."

The action coincides with the release of the band's latest album. It also comes at a time when tension between broadcasters and the FCC is rising.

The U2 singer Bono was censured, but not fined, for saying: "This is really, really fucking brilliant" when accepting a Golden Globe award in 2003.