FCC v. Fox Television Stations (2011)
- Docket
- 10-1293
- Decided
- 2011-01-01
Summary
Question: Did the court of appeals err in finding the FCC's indecency policy unconstitutionally vague in its entirety? Conclusion: Yes. Justice Anthony M. Kennedy, writing for seven members of the court, vacated the lower judgment and remanded the case. The Supreme Court held that the FCC's standards, as applied to the broadcasts in this case, were vague. The FCC did not give proper notice to broadcasters that they would be fined for fleeting expletives, so the practice violated due process. However, Justice Kennedy carefully noted that the Court did not decide whether the practice violated the First Amendment or that the indecency policy itself was unconstitutional. Only the way the policy was applied in this case was unconstitutionally vague. The FCC is free to modify its policy in light of this decision. Justice Ruth Bader Ginsburg concurred in the judgment, stating her belief that FCC v. Pacifica was wrong when it was decided. Justice Sonia Sotomayor did not participate in the consideration or decision of the case.