Supreme Court of the United States
Federal Communications Commission v. Fox Television Stations, Inc.
Prior Judgments for defendant on remand from FCC v. Fox (Fox I), 613 F.3d 317 (2nd Cir. 2010) and 663 F.3d 122 (3rd Cir. 2011); cert. granted, 564 U.S. 1036 (2011)
No. 10–1293 Argued: January 10, 2012 --- Decided: June 21, 2012
In FCC v. Fox Television Stations, Inc., 556 U. S. 502, 529 (2009) (Fox I), the Court held that the Federal Communication Commission’s decision to modify its indecency enforcement regime to regulate so-called fleeting expletives was neither arbitrary nor capricious. The Court then declined to address the constitutionality of the policy, however, because the United States Court of Appeals for the Second Circuit had yet to do so. On remand, the Court of Appeals found the policy was vague and, as a result, unconstitutional. 613 F. 3d 317 (2010). The case now returns to this Court for decision upon the constitutional question.
JUSTICE KENNEDY delivered the opinion of the Court.