Washington Times: The Federal Communications Commission is mulling a change to a policy that, in effect, would open the doors to more obscenity on television and radio.
FCC v. Fox Television Stations, No. 10-1293
Held: Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague . . .
Today, the U.S. Supreme Court heard arguements in the FCC v. Fox Television Stations, No. 10-1293. The question considered: Whether the Federal Communications Commission’s current indecency-enforcement regime violates the First or Fifth Amendment to the United States Constitution. (Sotomayor, J., recused). Court filings in the litigation can be found at SCOTUS Blog. Links to Related media reports discussing the litigation can be found here.
One News Now: The U.S. Supreme Court is preparing to hear two cases involving broadcast indecency. One case deals with foul language aired during the January 2003 broadcast of the Golden Globe Awards, and the second concerns nudity.
The Bogeyman of “Harm to Children”: Evaluating the Government Interest Behind Broadcast Indecency Regulation
Jessica C. Collins, 85 N.Y.U. L. Rev. 1225 (2010)
Nunez v. Holder, No. 06-70219 (9th Cir. Feb. 10, 2010)
Indecent exposure is not categorically a crime of moral turpitude in California.