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Federal Communications Commission v. Fox Television Stations

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Revision as of 05:13, 7 February 2009 by wikademia>Andrewlp1991 (→History: update)

Template:Ongoing lawsuit Template:Infobox SCOTUS case FCC v. Fox Television Stations is an ongoing legal case in which the United States Supreme Court will decide whether the Federal Communications Commission has the power to ban "fleeting expletives" on television broadcasts.

History

The case entered the Supreme Court's docket in October 2007 and specifically concerns obscene language broadcast on the Fox television network from two Billboard Music Awards shows from 2002 and 2003.[1] In the 2002 show, presenter Cher said "fuck 'em" regarded people who she believed criticized her; in the 2003 show, presenter Nicole Richie stated regarding her television show: “Why do they even call it The Simple Life? Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple.” [2]

In 2004, the FCC prohibited "single uses of vulgar words" under any circumstances, including previous instances where it gave leeway for "fleeting" expletives that networks unknowingly allowed to enter the airwaves.[3] However, the United States Court of Appeals for the Second Circuit ruled in the case Fox et al. v. Federal Communications Commission (06-1760) that the FCC cannot punish broadcast stations for such incidents.[4]

On the week of March 17, 2008, the Supreme Court announced that it would hear this case.[5] The Supreme Court heard arguments from the case on November 4, 2008, which was also Election Day. Chief Justice John G. Roberts and Associate Justice Antonin Scalia expressed support for the FCC.[6] An article on Broadcasting & Cable posted on February 6, 2009 asserted that this case "will be rendered by June, when the current Supreme Court term ends."[7]

See Also

Federal Communications Commission v. Pacifica Foundation

References

  1. ↑ Biskupic, Joan (2007-10-25). "Fight over TV indecency is on high court's doorstep". USA Today. http://www.usatoday.com/news/washington/2007-10-24-dirtywords_n.htm. Retrieved on 2009-01-22. 
  2. ↑ Pinker, Steven (November 2008). "Freedom's Curse". The Atlantic. http://www.theatlantic.com/doc/200811/swear-words. Retrieved on 2009-01-22. 
  3. ↑ Romero, Francis (2008-10-06). "The Supreme Court's 2008 Docket". Time. http://www.time.com/time/nation/article/0,8599,1847143,00.html. Retrieved on 2009-01-22. 
  4. ↑ Labaton, Stephen (2007-06-05). "Court Rebuffs F.C.C. on Fines for Indecency". The New York Times. http://www.nytimes.com/2007/06/05/business/media/05decency.html?_r=1&pagewanted=all. Retrieved on 2009-01-29. 
  5. ↑ Ahrens, Frank (2008-03-25). "Fox Refuses To Pay FCC Indecency Fine". The Washington Post: p. D1. http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR2008032402969.html. Retrieved on 2009-01-22. 
  6. ↑ "Supreme Court Divided On TV Profanity". Associated Press. 2008-11-04. http://www.cbsnews.com/stories/2008/11/04/supremecourt/main4570462.shtml. Retrieved on 2009-01-22. 
  7. ↑ Eggerton, John (2009-02-06). "ABC Defends 'Blue' Behind". Broadcasting & Cable. http://www.broadcastingcable.com/article/173757-ABC_Defends_Blue_Behind.php. Retrieved on 2009-02-06. 


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