Why FCC V. Fox Should Launch FCC Enforcement Actions

Law360, New York (June 27, 2012, 1:09 PM EDT) -- On June 21, 2012, in a unanimous opinion written by Justice Anthony Kennedy, the U.S. Supreme Court vacated the Second Circuit’s decision that the Federal Communications Commission’s indecency policy for “fleeting expletives” was unconstitutional and, by way of the Fourteenth Amendment’s fair notice doctrine, arrived at a narrow holding.[1]

 

The statute at issue is 18 U.S.C § 1464, which states, “Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined ... or imprisoned not more than two years, or...
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