FCC v. Fox Television Stations, Inc.

In 2006, the FCC reversed its prior position and held for the first time that “fleeting expletives” can be banned from the airwaves as a form of “indecent” speech. That administrative change of heart was struck down by the court of appeals because the FCC had not adequately justified it. The ACLU’s amicus brief – submitted on behalf of various media, arts and free speech organizations – additionally highlights the arbitrary manner in which the FCC has generally regulated “indecency,” and why the entire effort to regulate non-obscene speech is inconsistent with core First Amendment values.