FCC Seeks Rehearing Of Indecency Rules Challenge

Law360, New York (August 26, 2010, 7:22 PM EDT) -- The Federal Communications Commission has asked for an en banc rehearing of a U.S. Court of Appeals for the Second Circuit panel's decision that struck down its indecency regime as unconstitutionally vague and a threat to free speech.

The panel's sweeping conclusion on the FCC rules fly in the face of the U.S. Supreme Court's 1978 decision in FCC v. Pacifica Foundation, which approved the contextual regulatory approach, the agency said in its appeal filed Thursday with the Second Circuit.

“Because the commission applies the same...
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