First Amendment Library
ADVANCED SEARCHFEDERAL COMMUNICATIONS COMMISSION, et al. v. FOX TELEVISION STATIONS, INC., et al., 556 U.S. 502 (2009)
- Argued:
- November 04, 2008
- Decided:
- April 28, 2009
- Decided by:
- Roberts Court, 2008
- Action:
- Reversed and remanded. Petitioning party received a favorable disposition.
Facts/Syllabus:
Federal law banned the broadcasting of “any … indecent … language,” 18 U. S. C. §1464, which includes references to sexual or excretory activity or organs, see FCC v. Pacifica Foundation, 438 U. S. 726. Having first defined the prohibited speech in 1975, the Federal Communications Commission (FCC) took a cautious, but gradually expanding, approach to enforcing the statutory prohibition. In 2004, the FCC’s Golden Globes Order declared for the first time that an expletive (nonliteral) use of the F-Word or the S-Word could be actionably indecent, even when the word is used only once. This case concerned isolated utterances of the F- and S-Words during two live broadcasts aired by Fox Television Stations, Inc. In its order upholding the indecency findings, the FCC, inter alia, stated that the Golden Globes Order eliminated any doubt that fleeting expletives could be actionable; declared that under the new policy, a lack of repetition weighs against a finding of indecency, but is not a safe harbor; and held that both broadcasts met the new test because one involved a literal description of excrement and both invoked the F-Word. The order did not impose sanctions for either broadcast. The Second Circuit set aside the agency action, declining to address the constitutionality of the FCC’s action but finding the FCC’s reasoning inadequate under the Administrative Procedure Act (APA).
Concurring Opinion
Dissenting Opinion
UNITED STATES, et al. v. AMERICAN LIBRARY ASSOCIATION, INC., et al., 539 U.S. 194 (2003)
- Related Sub-Topic:
- Electronic Media
UNITED STATES, et al. v. PLAYBOY ENTERTAINMENT GROUP, INC., 529 U.S. 803 (2000)
- Related Sub-Topic:
- Electronic Media
GREATER NEW ORLEANS BROADCASTING ASSOCIATION, INC., ETC., et al. v. UNITED STATES et al., 527 U.S. 173 (1999)
- Related Sub-Topic:
- Electronic Media
JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES, et al. v. AMERICAN CIVIL LIBERTIES UNION et al., 521 U.S. 844 (1997)
- Related Sub-Topic:
- Electronic Media
TURNER BROADCASTING SYSTEM, INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al., 520 U.S. 180 (1997)
- Related Sub-Topic:
- Electronic Media
DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM, INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al., 518 U.S. 727 (1996)
- Related Sub-Topic:
- Electronic Media
TURNER BROADCASTING SYSTEM, INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al., 512 U.S. 622 (1994)
- Related Sub-Topic:
- Electronic Media
SABLE COMMUNICATIONS OF CALIFORNIA, INC. v. FEDERAL COMMUNICATIONS COMMISSION et al., 492 U.S. 115 (1989)
- Related Sub-Topic:
- Electronic Media
CITY OF LOS ANGELES et al. v. PREFERRED COMMUNICATIONS, INC., 476 U.S. 488 (1986)
- Related Sub-Topic:
- Electronic Media
FEDERAL COMMUNICATIONS COMMISSION v. LEAGUE OF WOMEN VOTERS OF CALIFORNIA et al., 468 U.S. 364 (1984)
- Related Sub-Topic:
- Electronic Media
CBS, INC. v. FEDERAL COMMUNICATIONS COMMISSION et al., 453 U.S. 367 (1981)
- Related Sub-Topic:
- Electronic Media
FEDERAL COMMUNICATIONS COMMISSION v. PACIFICA FOUNDATION et al., 438 U.S. 726 (1978)
- Related Sub-Topic:
- Electronic Media
FEDERAL COMMUNICATIONS COMMISSION v. NATIONAL CITIZENS COMMITTEE FOR BROADCASTING et al., 436 U.S. 775 (1978)
- Related Sub-Topic:
- Electronic Media
ZACCHINI v. SCRIPPS-HOWARD BROADCASTING CO., 433 U.S. 562 (1977)
- Related Sub-Topic:
- Electronic Media
RED LION BROADCASTING CO., INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al., 395 U.S. 367 (1969)
- Related Sub-Topic:
- Electronic Media
PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA ET AL. v. POLLAK ET AL., 343 U.S. 451 (1952)
- Related Sub-Topic:
- Electronic Media
JOSEPH BURSTYN, INC. v. WILSON, COMMISSIONER OF EDUCATION OF NEW YORK, et al., 343 U.S. 495 (1952)
- Related Sub-Topic:
- Electronic Media
NATIONAL BROADCASTING CO., INC. et al. v. UNITED STATES et al., 319 U.S. 190 (1943)
- Related Sub-Topic:
- Electronic Media
MUTUAL FILM CORPORATION v. INDUSTRIAL COMMISSION OF OHIO, 236 U.S. 230 (1915)
- Lower Court Ruling:
- Overruled
- Related Sub-Topic:
- Electronic Media
External Resources:
- David L. Hudson Jr., “Federal Communications Commission v. Fox (2009) (2009),” First Amendment Encyclopedia.
Topics: Electronic Media, Freedom of Speech & Expression
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