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.
Lawyers
For Petitioner
Paul D. Clement, Solicitor General

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

Miguel Estrada (lead counself for NBC)

Briefs
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)

News
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

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

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

Commentary
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)

 SEARCH MORE
About this site
About the First Amendment
About the First Amendment Center
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

First Reports
Supreme Court
Experts
Columnists
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links

 

 

 

 

 


This is from Cache data array: 16:22:46