ipl-logo

Fox Television Stations, Inc.: A Case Study

503 Words3 Pages
bulb-icon

Recommended: 1st amendment

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

Show More
Related
1445 Words | 6 Pages

However, the group was prevented from doing so: because prior to the ruling, doing so would violate a federal statute that prohibits the use of advertisements to promote or discriminate against any candidate in an election. But because the First Amendment prevents the making of any laws preventing people from practicing Free Speech, the Supreme Court eradicated this federal statute; this made all political ads legal, regardless of nature. Senate Minority Leader Mitch McConnell stated after the decision “With today’s monumental decision, the Supreme Court took an important step in the direction of restoring the First Amendment rights of these groups by ruling that the Constitution protects their right to express themselves about political candidates and issues." (McConnell v. FEC) For this reason, many believe that overturning the Citizens United ruling would be unconstitutional and by doing so would the Supreme Court would be limiting Freedom of

Read More
461 Words | 2 Pages

Nichele Rascoe MCO 300 –Media Law and Ethics Dr. Breslin Name of Case: New York Times v. Sullivan Citation: 273 Ala. 656, 144 So.2d 25, reversed and remanded Date of Decision: March 9th, 1964 Vote: 9-0 Author of Opinion: Justice Brennan Legal Topic: Freedom of Speech Posture of the Case: Sullivan (plaintiff) v. New York Times (defendant). Sullivan is holding New York Times libel for printing a false advertisement about the civil rights movement. The trial judge explained to the jury that many of the statements were “libelous per se” which is to falsely claim that an individual committed a crime of moral turpitude. The court ruled in favor of the New York Times, however, Sullivan presented to the Supreme Court.

Read More
122 Words | 1 Pages

In the case of Lange v Australian Broadcasting Corporation (Lange), the High Court ruled that as the development of the common law in Australia cannot run counter to constitutional imperatives, the common law rules of qualified privilege should properly reflect the requirements of ss 7, 24, 64, 128 and related sections of the Australian Constitution. Freedom of speech is not absolute. This can be seen in the First Amendment of the United States Constitution whereby it has been held not to protect all speech like obscene publications or speech inciting imminent lawless action. Australian common law has long recognised limitations to free speech, for instance, those in relation to the criminal law of incitement and conspiracy, and in obscenity

Read More
445 Words | 2 Pages

Pacifica Foundation, 438 U.S. 726 (1978) describe a scenario about them driving in their car and some profanity came on air. He then complained to the FCC and gave him a response which was not anything formal but an advice to "associated with the station 's license file, and, in the event subsequent complaints are received, the Commission will then decide whether it should utilize any of the available sanctions it has been granted by Congress (1978). " Which means there is limited sanction they can take because based on the constitution restrain must be substantial and poses a threat, false, misleading

Read More
97 Words | 1 Pages

Supreme Court, in Burstyn v. Wilson, declared that the right of Americans to communicate, and receive ideas must be given and the states and cities were given fair warning that the era of total state interest was over. The majority of the Court did not follow Justice Frankfurter and simply declare the New York law void for vagueness. Instead they declared that movies were entitled to free speech protection. And even though this might not mean the application of the identical rules that govern other media of communication, it meant some protection, yet to be defined

Read More
465 Words | 2 Pages

The article explores this topic with the variety show, The Smothers Brothers Comedy Hour, which featured controversial segments on CBS. The network and Smother brothers clashed with each other because of this and often "the network [trimmed], and sometimes [cut], segments it disagreed with" (Alston). It also brings in the book written by David Bianculli, "Dangerously Funny", its main point being that the network's censorship over the show limited its creativity and "led to the show's demise" (Alston). The author makes it clear that he disagrees with Bianculli when he states that "censorship is more of a creative asset to television than it is a curse" (Alston). His three main claims are clear: censorship in television is good, complete and total freedom isn't possible

Read More
865 Words | 4 Pages

Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

Read More
80 Words | 1 Pages

Essentially, the fairness doctrine enhances the First Amendment, and does not infringe upon it. The doctrine ensure a balance, and grants an open discussion of the issues being brought up. Due to the space limitations within radio and television, it allows for those channels to be more closely regulated. The FCC isn’t telling Red Lion to not host Reverend Hargis, or telling him to watch his tongue, they’re simply telling them to allow for rebuttal and to keep it fair.

Read More
758 Words | 4 Pages

Argument Paragraph #1 for “First Amendment Junky” Some things are just better left unsaid, because the wrong words in the right hands will be unassailably distressing. So why even take the risk on not condoning censorship when we’ve all met that 1 person with loose lips that has said something deviously spiteful. To clarify, devious means showing a skillful use of underhanded tactics to achieve goals and spite means a desire to hurt, annoy or offend someone. The fact that these words, even exists makes me question those who question censorship.

Read More
71 Words | 1 Pages

There are several regulations that exist in the film industry. There have been many obscenity regulations in the history of art and motion pictures. In the 1957 case of Roth v. United States, the Supreme Court came up with certain criteria in order to decide whether or not to censor a piece of work. For example, the work must have some sort of artistic value and must have dominant sexual

Read More
1763 Words | 8 Pages

Have you ever wondered about the little black and white stickers on many CD covers that read “PARENTAL ADVISORY EXPLICIT CONTENT” or what about the annoying bleeps right in the middle of your favorite song that playing on the radio? Well, its called music censorship, and those little “innocent” stickers and bleeps have been a major debate in America for the past few decades. Censorship mainly started around the 1950’s when traditional and conservative values began to unravel (Weisel). The manufacturing and use of the parental advisory labels on album covers started in 1985. Censoring was and still is a huge issue because many people accuse indecent language and violence influence in music takes a huge part in tragedies all over the world (Inglis).

Read More
324 Words | 2 Pages

In the 1950s, the FCC managed to controls the television market by regulating the three main categories: obscene, indecent, and profanity content. In the event that a network violated the guidelines set forth by the FCC. Then it has the authority to deny or revoke licensure of network, which could leads to fines and other punitive action. The regulatory process by the FCC is to ensure that, network is not broadcasting nudity and particularly contents that are bad for youth and children, especially foul language during prime time. With respect to the television show “I love Lucy” it is a comedy show that was very popular many decades ago.

Read More
217 Words | 1 Pages

The First Amendment protects the right to free speech, and therefore prevents censoring of material. Even though the content may include curse words or sexual references, censoring is not

Read More
1686 Words | 7 Pages

Censorship can be described as the act of cutting out certain material that can be considered obscene or inconvenient for the community. This material can be found in social media such as in the TV, radio, or the internet. Censorship can be challenged because of the first amendment: freedom of speech. Free expression is the right of expressing opinions and ideas without any fear of being restrained or censored. However, freedom of speech does not include the right to incite actions that would harm others or the distribution of obscene material (Administrative Office of the U.S. Courts, 2000).

Read More
208 Words | 1 Pages

It's hard for me to say, conclusively, if ownership limits are necessary or not. I can appreciate what the FCC is trying to do, and that is continue to promote diversity and options for the large and diverse viewing audience and try and prevent monopolies from forming. But, I think sometimes their rules are a little too restrictive, like their "one-per market rule. " More recent rules and structures, like the duopoly ownership structure, in which an individual can own two or more FM stations in a local market seems more reasonable.

Read More

More about Fox Television Stations, Inc.: A Case Study

Related Topics

Open Document