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sbhaven
06-21-2012, 10:27
SCOTUS ruled against the FCC today, looks like 8-0 with Sotomayor taking no part in the case...
FEDERAL COMMUNICATIONS COMMISSION ET AL. v. FOX TELEVISION STATIONS, INC., (http://www.supremecourt.gov/opinions/11pdf/10-1293f3e5.pdf)
Held: Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague. Pp. 11–18.

sbhaven
06-21-2012, 14:44
From Scotusblog (http://www.scotusblog.com/2012/06/details-on-todays-opinions-21/#more-147148)...
Justice Kennedy announced the fourth and final opinion of the day, in Federal Communications Commission v. Fox Television Stations, Inc. The Court unanimously vacated the decision of the Second Circuit and remanded the case for further consideration. It held that because the FCC failed to give Fox and ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the FCC’s standards as applied to these broadcasts were vague. The Court did not decide the constitutional challenges to the current FCC policy. Justice Ginsburg filed an opinion concurring in the judgment. (Sotomayor, J., recused.)