First Amendment topicsAbout the First Amendment
Federal Communications Commission v. Fox Television Stations, Inc., et al. (docket #: 07-582) (2008)

IssueWhether the FCC provided an adequate explanation, or instead acted arbitrarily and capriciously under the APA, in changing its policy to permit isolated uses of expletives on broadcast television to be considered "indecent" under federal law.
Certiorari Granted 03/17/2008
Lower Court 2nd Circuit
Lower Court Ruling Free speech claim sustained as a matter of statutory law; FCC action held to be arbitrary and capricious under Administrative Procedure Act.
For Petitioner
Paul D. Clement, Solicitor General

For Respondent
Carter G. Phillips (lead counself for Fox)

Miguel Estrada (lead counself for NBC)

For Petitioner
Government's Certiorari Petition

For Respondent
Fox's Brief in Opposition (SCOTUSblog)

NBC's Brief in Opposition (SCOTUSblog)

Tony Mauro Analysis
"Justices to examine 'fleeting' expletives"

Opinion - Lower Court
Fox Television Stations, Inc. et al v. FCC (2nd Cir., 2007)

AP, "Supreme Court takes broadcast-indecency case"

Greenhouse, Linda, "Justices Take Up On-Air Vulgarity Again," New York Times, March 18, 2008, sect. A, p. 19

Savage, David, "Supreme Court to rule on radio, TV indecency," Los Angeles Times, March 17, 2008

Collins, Ronald, "Freud, the FCC & the doctrine of respondeat superior"

SCOTUSblog, "Court grants review of indecency law, 7 other cases"

Julie Hilden, "The Fight Over "Fleeting Expletives": How A Grant of Supreme Court Review May Lead to Expanded FCC Power and Reduced First Amendment Rights for Broadcasters" (03/31/2008)

Julie Hilden. "A Federal Appeals Court Strikes Down the FCC's "Fleeting Expletives" Policy on Administrative Law Grounds: Was It Right to Do So?" (06/27/2007)

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