| FCC v. Fox Television Stations, Inc. | |
|---|---|
 | |
| Argued November 4, 2008 Decided April 28, 2009 | |
| Full case name | Federal Communications Commission, Petitioner v. Fox Television Stations, Respondent |
| Docket no. | 07-582 |
| Citations | 556U.S.502 (more) 129 S. Ct. 1800; 173L. Ed. 2d 738; 2009U.S. LEXIS 3297 |
| Case history | |
| Prior | Fox Television Stations, Inc. v. FCC, 489F.3d444 (2d Cir. 2007);cert. granted,552 U.S. 1255 (2008). |
| Subsequent | On remand, 613F.3d317 (2nd Cir. 2010); cert. granted,564 U.S. 1036 (2011); vacated and remanded,FCC v. Fox TV Stations, Inc.,567 U.S.239 (2012). |
| Holding | |
| The Federal Communications Commission had not acted arbitrarily when it changed a long-standing policy and implemented a new ban on even "fleeting expletives" from the airwaves. The Court explicitly declined to decide whether the new rule is constitutional, and sent that issue back to the lower courts for their review. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Roberts, Thomas, Alito; Kennedy (all but Part III–E) |
| Concurrence | Thomas |
| Concurrence | Kennedy (in part) |
| Dissent | Stevens |
| Dissent | Ginsburg |
| Dissent | Breyer, joined by Stevens, Souter, Ginsburg |
| Laws applied | |
| Administrative Procedure Act | |
Federal Communications Commission v. Fox Television Stations, Inc., 556 U.S. 502 (2009), is a decision by theUnited States Supreme Court that upheld regulations of theFederal Communications Commission that ban "fleeting expletives" on television broadcasts, finding they were not arbitrary and capricious under theAdministrative Procedure Act.[1] The constitutional issue, however, was not resolved and was remanded to the Second Circuit and re-appealed to the Supreme Court for adecision in June 2012.[2]
The case entered the Supreme Court's docket in October 2007 and specifically concerns obscene language broadcast on theFox television network from twoBillboard Music Awards shows from 2002 and 2003.[3] In the 2002 show, presenterCher said "f**k 'em" regarding people who she believed criticized her; in the 2003 show, presenterNicole Richie stated regarding her television show: “Why do they even call itThe Simple Life? Have you ever tried to get cow s**t out of a Prada purse? It’s not so f***ing simple.”[4]
In 2004, the FCC prohibited "single uses of vulgar words" under any circumstances, including previous instances where it gave leeway for "fleeting" expletives that networks unknowingly allowed to enter the airwaves.[5] However, theUnited States Court of Appeals for the Second Circuit ruled in the caseFox et al. v. Federal Communications Commission (06-1760Archived February 10, 2009, at theWayback Machine) that the FCC cannot punish broadcast stations for such incidents.[6]
On the week of March 17, 2008, the Supreme Court announced that it would hear this case.[7] The Supreme Court heard oral arguments in the case on November 4, 2008, which was alsoElection Day.
The Supreme Court announced their decision in the case on April 28, 2009. In a 5-4 vote, they ruled that the Federal Communications Commission had not acted arbitrarily when it changed a long-standing policy and implemented a new ban on even "fleeting expletives" from the airwaves. The Court declined to decide whether the new rule is constitutional, and sent the issue back to the lower courts for their review. JusticeAntonin Scalia, in the majority opinion, wrote: "The FCC’s new policy and its order finding the broadcasts at issue actionably indecent were neither arbitrary nor capricious."[8] In the dissenting opinion, JusticeJohn Paul Stevens claimed that this decision was hypocritical given the presence of television commercials for products treatingimpotence orconstipation.[9] In its decision, "the court did not definitively settle the First Amendment implications of allowing a federal agency tocensor broadcasts,"[10] and left that issue for the Second Circuit Court of Appeals. However, JusticeClarence Thomas's separate opinion openly stated his willingness to overturnFederal Communications Commission v. Pacifica Foundation andRed Lion Broadcasting Co. v. Federal Communications Commission, the two cases on which all FCC authority rest, even as he joined the majority on procedural grounds.
Upon remand, the Second Circuit addressed the actual Constitutionality of the fleeting expletive rules, striking it down in July 2010.[11] The FCC re-appealed the case. On June 21, 2012, the Court decided the re-appeal narrowly, striking down the fines as unconstitutionally vague, but upholding the authority of the FCC to act in the interests of the general public when licensing broadcast spectrums to enforce decency standards, so long as they are not vague, without violating the First Amendment.[2]
This article incorporatespublic domain material from judicial opinions or other documents created by thefederal judiciary of the United States.Text ofFCC v. Fox Television Stations, Inc.,556 U.S. 502 (2009) is available from: Cornell CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)