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Federal Communications Commission v. Fox Television Stations, Inc.

Submitted by site_nclc_kaufman_d on Fri, 2011-07-01 11:56
in
Term: 2011 Term
Oral Argument Date: January 10, 2012
Vote: 8-0
Opinion: Kennedy
Lower Court: United States Court of Appeals for the Second Circuit
Question(s) Presented

Whether the Federal Communication current indecency-enforcement regime violates the First or Fifth Amendment to the United States Constitution

Case Outcome

Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague.

Justices in Majority
Alito
Breyer
Ginsburg
Kagan
Kennedy
Roberts
Scalia
Thomas
Procedural History

Cert. granted on 6/27/11. Decided 6/21/12.

Case Documents
application/pdf iconFCC v. Fox Television Stations, Inc. (Opinion Below).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Petition for Certiorari).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Brief in Opposition of Respondents ABC, Inc et al.).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Brief in Opposition of Respondents Fox Television Stations, Inc. et al.).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Brief in Opposition of Respondent-Intervenors Center for Creative Voices in Media et al.).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Brief in Opposition of Respondents ABC Television Affiliates Association et al.).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Petitioners' Reply).pdf
application/pdf iconFCC v. Fox Television Stations, Inc. (Amicus Brief - Parents Television Council).pdf
application/pdf iconFCC v. Fox Television Stations (FCC Opening Brief).pdf