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Federal Communications Commission v. CBS (docket #: 08-653) (2009)

 
IssueWhether the court of appeals erred in holding that the Federal Communications Commission acted arbitrarily and capriciously under the Administrative Procedure Act, 5 U.S.C. 551 et seq., in determining that the most widely viewed broadcast of public nudity in television history fell within the federal prohibitions on broadcast indecency.
Lower Court 3rd Circuit
Lower Court Ruling Free speech claim sustained under Administrative Procedure Act
Lawyers
For Petitioner
Gregory Garre, Solicitor General

For Respondent
Robert Corn-Revere

Briefs
For Petitioner
Certiorari petition

Opinion - Lower Court
CBS v. FCC (3rd Cir., 2008)

News
AP, "CBS Attorney: Network was careful with Super Bowl halftime show" (9-11-07)

Lyle Denniston, "New ruling on 'indecency' broadcasts" (July 21, 2008)

Commentary
Ronald Collins, "Freud, the FCC & the doctrine of respondeat superior" (9-21-07)

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