Initial case
The case entered the Supreme Court's docket in October 2007 and specifically concerns obscene language broadcast on the Fox Broadcasting Company, Fox television network from two ''Billboard (magazine), Billboard'' Billboard Music Awards, Music Awards shows occurring in 2002 Billboard Music Awards, 2002 and 2003 Billboard Music Awards, 2003. On the December 9, 2002 ceremony, while accepting an List of lifetime achievement awards, artist achievement award for her career, Cher said "fuck 'em" regarding people who she believed criticized her; on the ceremony occurring on December 10, 2003, presenter Nicole Richie stated regarding her television show: “Why do they even call it ''The Simple Life''? Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple.” In 2004, after those incidents and another incident in January 2003 involving NBC and the 60th Golden Globe Awards, 2003 Golden Globe Awards, Golden Globes, where U2 lead singer Bono called the band's win for Golden Globe Award for Best Original Song, Best Original Song "really, really, fucking brilliant" in his acceptance speech, Federal Communications Commission (FCC) changed its rules on expletives to prohibit "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. Fox was subsequently fined through its Owned-and-operated station, owned and operated Fox Television Stations, television stations group, and challenged its fine in the courts. The United States Court of Appeals for the Second Circuit ruled in the initial case () that the FCC cannot punish broadcast stations for such incidents. The FCC appealed to the Supreme Court, and in the 2009 case, the Supreme Court reversed the Second Circuit, finding that the new policy was not arbitrary. However, the issue of constitutionality was remanded to the Second Circuit, which had not considered the issue initially.Background
Upon remand to hear the initially deferred issue of constitutionality, the Second Circuit Court of Appeals re-heard the case in January 2010. On July 13, 2010, in a unanimous decision written by Judge Rosemary S. Pooler, the Second Circuit vacated the FCC order and policy on First Amendment grounds, finding that "by prohibiting all 'patently offensive' references to sex, sexual organs, and excretion without giving adequate guidance as to what 'patently offensive' means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive. To place any discussion of these vast topics at the broadcaster’s peril has the effect of promoting wide self-censorship of valuable material which should be completely protected under the First Amendment." The Second Circuit added The FCC requested that the full Second Circuit hear the case en banc, but was denied. The Supreme Court heard oral arguments in this round on January 10, 2012.Ruling
In an 8–0 decision (Justice Sonia Sotomayor recused herself because she had previously sat on the Second Circuit) written by Justice Anthony Kennedy, the Supreme Court ruled that because the regulations at the time did not cover "fleeting expletives" (the regulations have since been amended to that end), the fines issued were invalidated as "unconstitutionally vague" under the Due Process Clause. Because the case was resolved on that basis, the Court declined to address the First Amendment implications of the FCC's indecency regulations or to reconsider ''Federal Communications Commission v. Pacifica Foundation, FCC v. Pacifica'', 438 U.S. 726 (1978).Ginsburg concurrence
Ginsburg authored a one-paragraph concurrence in which she agreed with the decision, but argued that the Supreme Court should have revisited ''Pacifica'', as she felt it was “wrong when it was issued”.See also
*Super Bowl XXXVIII halftime show controversy (FCC v. CBS), which led to new rules involving fleeting indecency as well as fleeting expletivesReferences
External links
* {{US1stAmendment United States Supreme Court cases United States Supreme Court cases of the Roberts Court Federal Communications Commission litigation Fox Television Stations, * Censorship of broadcasting in the United States United States Free Speech Clause case law 2012 in American television Media case law 20th Century Fox litigation Fox Broadcasting Company United States obscenity case law