''Federal Communications Commission v. Fox Television Stations, Inc.'', 556 U.S. 502 (2009), is a decision by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

that upheld regulations of the

Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction ...

that ban "

fleeting expletive A fleeting expletive is a non-scripted verbal profanity or obscenity expressed and broadcast during a live television broadcast or radio broadcast. The term appears primarily in discussions of United States broadcasting law. Notable examples In ...

s" on television broadcasts, finding they were not arbitrary and capricious under the Administrative Procedure Act. The constitutional issue, however, was not resolved and was remanded to the Second Circuit and re-appealed to the Supreme Court for a decision in June 2012..

Background

The case entered the Supreme Court's docket in October 2007 and specifically concerns obscene language broadcast on the

Fox Foxes are small to medium-sized, omnivorous mammals belonging to several genera of the family Canidae. They have a flattened skull, upright, triangular ears, a pointed, slightly upturned snout, and a long bushy tail (or ''brush''). Twelve sp ...

television network from two ''

Billboard A billboard (also called a hoarding in the UK and many other parts of the world) is a large outdoor advertising structure (a billing board), typically found in high-traffic areas such as alongside busy roads. Billboards present large advertise ...

'' Music Awards shows from 2002 and 2003. In the 2002 show, presenter

Cher Cher (; born Cherilyn Sarkisian; May 20, 1946) is an American singer, actress and television personality. Often referred to by the media as the Honorific nicknames in popular music, "Goddess of Pop", she has been described as embodying female ...

said "

fuck ''Fuck'' is an English-language expletive. It often refers to the act of sexual intercourse, but is also commonly used as an intensifier or to convey disdain. While its origin is obscure, it is usually considered to be first attested to aro ...

'em" regarding people who she believed criticized her; in the 2003 show, presenter

Nicole Richie Nicole Camille Richie (; born September 21, 1981) is an American television personality, fashion designer, socialite, and actress. She came to prominence after appearing in the reality television series ''The Simple Life'' (2003–2007), in whic ...

stated regarding her television show: “Why do they even call it ''

The Simple Life ''The Simple Life'' is an American reality television series starring Paris Hilton and Nicole Richie. It depicts the two wealthy socialites, as they struggle to do manual, low-paying jobs such as cleaning rooms, farm work, serving meals in fast ...

''? Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple.” 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. However, the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...

ruled in the case ''Fox et al. v. Federal Communications Commission''
06-1760
that the FCC cannot punish broadcast stations for such incidents. On the week of March 17, 2008, the Supreme Court announced that it would hear this case. The Supreme Court heard arguments from the case on November 4, 2008, which was also

Election Day Election day or polling day is the day on which general elections are held. In many countries, general elections are always held on a Saturday or Sunday, to enable as many voters as possible to participate; while in other countries elections ar ...

. Chief Justice

John G. Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...

and Associate Justice

Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...

expressed support for the FCC.

Supreme Court decision

The Supreme Court ruled in
5–4 decision
on April 28, 2009 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 explicitly declined to decide whether the new rule is constitutional, and sent that issue back to the lower courts for their review. Justice

, 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." In the dissenting opinion, Justice

John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...

claimed that this decision was hypocritical given the presence of television commercials for products treating

impotence Erectile dysfunction (ED), also called impotence, is the type of sexual dysfunction in which the penis fails to become or stay erect during sexual activity. It is the most common sexual problem in men.Cunningham GR, Rosen RC. Overview of male ...

constipation Constipation is a bowel dysfunction that makes bowel movements infrequent or hard to pass. The stool is often hard and dry. Other symptoms may include abdominal pain, bloating, and feeling as if one has not completely passed the bowel movement ...

First Amendment question

In its decision, "the court did not definitively settle the First Amendment implications of allowing a federal agency to censor broadcasts,"Suderman, Peter (April 5, 2010
The FCC Doesn't Need to Be
''

Reason Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, ...

'' and left that issue for the Second Circuit Court of Appeals. However, Justice

Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...

's separate opinion openly stated his willingness to overturn '' Federal Communications Commission v. Pacifica Foundation'' and '' Red 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.

Subsequent history

Upon remand, the Second Circuit addressed the actual Constitutionality of the fleeting expletive rules, striking it down in July 2010.Second Circuit opinion against FCC on constitutional grounds
/ref> 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.

References

External links

Fox et al. v. Federal Communications Commission oral argumenton archive.org
- 2nd Circuit Court of Appeals
Associated Press article about the case
{{DEFAULTSORT:Federal Communications Commission V. Fox Television Stations United States Supreme Court cases United States Supreme Court cases of the Roberts Court Federal Communications Commission litigation Censorship of broadcasting in the United States Obscenity law 2009 in United States case law 2009 in American television Media case law 20th Century Fox litigation * Fox Broadcasting Company