Earlier this summer, the U.S. Supreme Court released during the last week of its 2011 term its long-awaited opinion in the broadcast indecency cases FCC v. Fox Television Stations, Inc. and FCC v. ABC, Inc. This decision represents an important...(read more)
Third Circuit Schedules Oral Argument in Janet Jackson Indecency Case
Broadcasting & Cable is reporting that the Third Circuit has scheduled oral argument in the Janet Jackson "wardrobe malfunction" case for February 23, 2010, at 1:30 p.m. The case involves review of the FCC's determination that the Super Bowl...(read more)
Second Circuit Sets Oral Argument in Fox v FCC
The U.S. Court of Appeals for the Second Circuit has scheduled to hold oral argument in the Fox v. FCC indecency case on January 13, 2010, at 3:00 pm. The Fox case involves review of the FCC's determination that Cher's use of the F-word during the...(read more)
FCC Seeks Supreme Court Review of "Wardrobe Malfunction" Case
The FCC this week filed a petition with the U.S. Supreme Court seeking review of a federal appellate decision overturning $550,000 in fines levied by the FCC over Janet Jackson's infamous "wardrobe malfunction" during the 2004 Super Bowl halftime...(read more)
Analysis of U.S. Supreme Court Decision Upholding FCC's Prohibition of Fleeting Expletives
In a 5-4 decision released April 28, 2009, the United States Supreme Court has upheld the FCC’s decision to find “fleeting expletives” actionably indecent in certain circumstances. The immediate import of the decision is that even a single...(read more)
U.S. Supreme Court Vacates and Remands "Janet Jackson" Indecency Case to Third Circuit
The U.S. Supreme Court today set aside the broadcast industry's victory in the Janet Jackson indecency case. In a two-sentence order (see case number 08-653), the Supreme Court granted the FCC's petition for writ of certiorari (we previously...(read more)
Supreme Court Hears Argument in "Fleeting Expletives" Case
The United States Supreme Court heard oral argument in FCC v. Fox Broadcasting on Election Day 2008. As authors of an amicus curiae brief in the case, three Brooks Pierce correspondents -- Mark Prak , David Kushner , and Julia Ambrose -- made an old...(read more)