Appendix 25JFCC v. Fox TV Stations, Inc. (Fox I)FCC v. Fox TV Stations, Inc. (Fox II)
556 U.S. 502 (2009); 132 S. CT. 2307 (2012)
The Cases
Federal law forbids the utterance of “any obscene, indecent, or profane language by means of radio communication.” 18 U.S.C. § 1464. After years of a more restrained approach in enforcing this statute, the FCC in 2004 declared for the first time that the use of words such as “fuck” or “shit” as expletives could be actionably indecent, even when the word is used only once. Complaints Against Various Broadcast Licensees Regarding Their Airing of the “Golden Globe Awards” Program, Memorandum Opinion and Order, 19 FCC Rcd 4975 (2004).
Fox I stemmed from Commission enforcement action against broadcasters ...
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