Oyez
FCC v. FOX TELEVISION STATIONS
Case Basics
Docket No.
Petitioner
Federal Communications Commission, et al.
Respondent
Fox Television Stations, Inc., et al.
Granted
Monday, June 27, 2011 Term: 2010-20192011
Location: 40.714353, -74.005973
Facts of the Case
In 2004, the FCC said that TV stations were permitted to be fined for indecency violations in cases when a vulgarity was broadcast during a live program. That happened on Fox in 2002 and 2003 when Cher and Nicole Richie cursed during award shows and were not bleeped. The FCC never actually fined Fox, but the network took issue with the regulatory agency setting the stage for future fines and challenged the fleeting-expletive rules. The U.S. Court of Appeals for the Second Circuit ruled that the FCC's rules were "unconstitutionally vague" and had a "chilling effect."
BlueBook Citation:
Chicago.FCC v. FOX TELEVISION STATIONS. The Oyez Project at IIT Chicago-Kent College of Law. 10 November 2011.
Question
Does the current indecency enforcement regime violate either the First or Fifth Amendments?
The 3 member panel of the U.S. Court of Appeals for the Second Circuit invalidated the policy regulating indecency of the Federal Communications Commission's (FCC) policy regulating indecency. This ruling prevents the agency from enforcing the prohibition on indecent speech in television broadcast media. There are numerous stakeholder's interests at stake which include the First and Amendment rights of broadcasters and the public, the interests of children and parents and also the Government in its legal role in protecting those interests....
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It is true that reality television programs have effectively grabbed the public, including the kids attentions. While interest groups do not believe that violence and sex in television programs have any effect on the public, especially kids, the research has shown that the programming contents are highly effective in influencing the behavior of kids. For example, in watching Springer show, many children think that shouting, disrespecting, abusing is common, and
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