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Fox Television Stations, Inc.: A Case Study

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COMM 3310 – LEGAL CASE BRIEF

CASE NAME: Federal Communications Commission v. Fox Television Stations, Inc.
CITATION/DATE: 10-1293 U.S. (2012)

LEVEL OF COURT: Supreme Court
FACTS:
Between 2002 and 2003 Fox Television Stations aired its golden globe award show where actress Cher used the F-word and Nichole Richie used the S-word. ABC also as respondents violated FCC rule on nudity where in its show NYPD blue adult nudity was portrayed. The Federal Communications Commission had in 2004 changed its policy on fleeting expletives at the same duration and deemed Fox television liable for the utterances. Fox went to United States Court of Appeals in 2009 case to the Second Circuit Appeal Court to appeal. The court ruled against the FCC rule sating it was “vague” and …show more content…

When applying such “fleeting expletives” rules will the FCC be applying media restraint and going against first amendment rights in terms of the freedom of the press?
COURT’S DECISION AND REASONING
VACATED AND REMANDED: By unanimous 8-0 vote by the judges (except Justice Sonia Sotomayor) - the case was “Vacated and remanded”. Justice Kennedy on behalf of the judges Supreme Court held that the FCC was wrong in offering the “fleeting expletives” after the broadcast was aired and not before.
Only Justice Sonia Sotomayor withdrew because she was involved in the case before at the Second Circuit Appeal Court in New York. Justice Kennedy offered the opinion while, Justice Ginsburg the concurring opinion. Justice Kennedy in the opinion of the court said the FCC policy was “vague “and therefore “unconstitutional”. The constitutional matter was remanded but the FCC fleeting expletives fine on Fox Television was null and void therefore the judgements of the second circuit appeal court was

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