FCC v. Fox Television Stations
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-582 | 2d Cir. |
Nov 4, 2008 |
Apr 28, 2009 | 5-4 | Scalia | OT 2008 |
Issue: Whether the FCC provided an adequate explanation, or instead acted arbitrarily and capriciously, in changing its policy to permit isolated uses of expletives on broadcast television to be considered “indecent†under federal law.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Antonin Scalia on April 28, 2009.
SCOTUSblog Coverage
- "Fleeting expletive" ban lifted (Lyle Denniston, July 13, 2010)
- Analysis: What's next on "indecent" broadcasts? (Lyle Denniston, April 28, 2009)
- Temporary win for "dirty words" ban (Lyle Denniston, April 28, 2009)
- Government files petition in 'Janet Jackson case' (Ben Winograd, November 20, 2008)
- Analysis: Prudence prevailed, but the news stops there (Lyle Denniston, November 4, 2008)
- Argument Preview: FCC v. Fox TV Stations (Lyle Denniston, November 1, 2008)
- Analysis: Might vulgarity be quite proper? (Lyle Denniston, October 30, 2008)
- Court grants review of indecency law, 7 other cases (Lyle Denniston, March 17, 2008)
- Court asked to block expletives on the air (Lyle Denniston, November 1, 2007)
- Government to appeal "indecency" decision (Lyle Denniston, September 27, 2007)
Briefs and Documents
Merit briefs
- Brief for Petitioner Federal Communications Commission, et al.
- Brief for Respondent Fox Television Stations, Inc., et al.
- Brief for Respondent Center for Creative Voices in Media, Inc.
- Brief for Respondent NBC Universal, Inc., NBC Telemundo License Co., CBS Broadcasting, Inc., and ABC, Inc.
- Reply Brief for Petitioner Federal Communications Commission, et al.
Amicus briefs
- Brief for National Religious Broadcasters in Support of Petitioner
- Brief for Morality in Media, Inc., in Support of Petitioner
- Brief for Alliance Defense Fund and Family Research Council in Support of Petitioner
- Brief for the Center for Constitutional Jurisprudence in Support of Petitioner
- Brief for the Parents Television Council in Support of Petitioner
- Motion for Leave to File Amicus Curiae Brief and Brief for the Decency Enforcement Center for Television in Support of Petitioner
- Brief for the American Center for Law and Justice and United States Representatives Charles Pickering, Roscoe Bartlett, Kevin Brady, Paul Broun, Danny Davis, John Doolittle, Mary Fallin, Trent Franks, Wally Herger, Jim Jordan, Doug Lamborn, Kenny Marchant, Jeff Miller, Marilyn Musgrave, Joe Pitts, Mark Souder, Tim Walberg and Dave Weldon in Support of Petitioner
- Brief for American Civil Liberties Union, the New York Civil Liberties Union, American Booksellers Foundation for Free Expression, the American Federation of Television and Radio Artists, Directors Guild of America, First Amendment Project, Minnesota Public Radio/American Public Media, the National Alliance for Media Arts and Culture, the National Coalition Against Censorship, the National Federation of Community Broadcasters, Pen American Center, and Washington Area Lawyers for the Arts in Support of Respondent
- Brief for Time Warner, Inc., in Support of Respondent
- Brief for the ABC Television Affiliates in Support of Respondent
- Brief for Public Broadasters in Support of Respondent
- Brief for the National Association of Broadcasters and Radio-Television News Directors Association in Support of Respondent
- Brief for the Center for Democracy & Technology and Adam Thierer, Senior Fellow with the Progress & Freedom Foundation (PFF) and the Director of PFF’s Center for Digital Media Freedom in Support of Respondent (revised)
- Brief for Former FCC Commissioners and Officials in Support of Respondent
- Brief for the Thomas Jefferson Center for the Protection of Free Expression and the Media Institute in Support of Respondent
- Brief for the California Broadcasters Association, the Georgia Broadcasters Association, the Iowa Broadcasters Association, the Kansas Broadcasters Association, the Maine Broadcasters Association,the Minnesota Broadcasters Association,the Missouri Broadcasters Association,the Montana Broadcasters Association,the Nebraska Broadcasters Association,the New Jersey Broadcasters Association and the Oklahoma Broadcasters Association in Support of Respondent
- Brief for the American Academy of Pediatrics, Benton Foundation, Children Now, National Institute On Media and the Family, Parent Teacher Association, and United Church of Christ, Office of Communications, Inc., in Support of Neither Party
- Brief for Free Press, Consumer Federation of America, Consumers Union, New America Foundation, Participatory Culture Foundation, Cuwin Foundation, Ethos Group, ACORN Active Media Foundation, Freenetworks.Org, Monroe Price, Susan Crawford in Support of Neither Party
Certiorari-stage documents
- Opinion below (2d Circuit)
- Petition for certiorari
- Brief in opposition (Fox)
- Brief in opposition (NBC)
- Petitioner's reply
