Congressional Digest

Supreme Court Debates February 2012 No. 2 Vol. 15
Fox Television Stations, Inc., et al., Respondents

Indecency on the Air

Free Speech and Foul Language on Television

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Fox Television Stations, Inc., et al., Respondents

Carter G. Phillips, Counsel of Record

During Fox Television’s broadcast of the 2002 and 2003 Billboard Music Awards, several celebrities used obscene language that was broadcast live over the air. In 2006, Fox was cited by the Federal Communications Commission (FCC) as in violation of a new policy it had established that prohibited even the “fleeting use of obscene language in over-the-air broadcasts between the hours of 6 a.m. and 10 p.m. In the same order, the FCC also cited programming by American Broadcasting Corporation (ABC) and Columbia Broadcasting System (CBS), although in all instances it declined to impose sanctions against the networks because the policy…

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