Federal Communications Commission v. Fox Television Stations, Inc.

Term: 2011 Term
Oral Argument Date: January 10, 2012
Vote: 8-0
Opinion: Kennedy

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