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Fox vs. Fcc

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Fox v. FCC: An Unresolved Conflict
In 2010, the news media claimed that the Second Circuit Court had struck down Federal Communications Commission (FCC) rules regarding indecency. Although this case was remanded to the Circuit court, which found the rules unconstitutional, the Supreme Court did not address the constitutionality of the FCC’s rules. This paper analyzes the legal process that led to the Supreme Court’s decision in Fox Television Stations, Inc. et al v. Federal Communications Commission (2012).
The Federal Communications Commission (FCC) is an independent agency of the United States government created by Congressional statute (see 47 U.S.C. 151 and 47 U.S.C. 154). The majority of its commissioners appointed by the President of the United States. In 1934, Congress passed the Communications Act, which among other things, granted jurisdiction over radio licensing to a newly-created Federal Communications Commission.
The FCC has statutory authority to promulgate rules that govern the communications industry. Federal law prohibits the airing of obscene programming at any time and the broadcasting of indecent or profane programming during certain hours. Congress delegated the Federal Communications Commission (FCC) the responsibility for administratively enforcing the law that governs these types of broadcasts. In its legal capacity, the FCC may issue civil monetary penalties, revoke a license, and deny a renewal application. Additionally, a federal district court may impose fines and/or imprisonment for up to two years on parties that are convicted of criminal violations of the law.
The FCC policy under review in Fox v. FCC forbade the broadcast of “indecent” speech. It is the definition of this term that caused eventual conflict between broadcasters and the FCC. In 1978 the Supreme Court held that the FCC could, in some circumstances, forbid the

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