Supreme Court punts on big questions in Fox Television indecency case

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 . . .

11th Circuit asked to reinstate $19.6 million award against Hustler

First Amendment Center: The 11th U.S. Circuit Court of Appeals ruled in June 2009 that a notorious death doesn’t give publishers a blank check to publish any images they wish. The case went to trial, and a jury in June 2011 voted to slap Hustler Magazine with $19.6 million in punitive damages for running the photos.