FEDERAL COMMUNICATION COMMISSIONS V. FOX TELEVISION STATIONS, INC.
129 S.Ct. 1800 (2009)
NATURE OF THE CASE: The court of appeals revered agency orders related finding the
Commission’s (P) reasoning inadequate related to its reasoning that curse words broadcast by
Fox (D) were prohibited. The majority was “skeptical that P could provide a reasoned
explanation for its ‘fleeting expletive’ regime that would pass constitutional muster.”
FACTS: Various performers on two of D’s shows used curse words such as shit and fuck
during the performance. Eventually after a change in position related to the single use of
such words, P fined D. D appealed this holding and it was reversed by the court of appeals
who used higher standard for capricious when an agency in fact reversed its prior course of
decisions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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