ABC, Inc., KTRK Television, Inc., and WLS Television, Inc., Respondents
Seth P. Waxman, Counsel of Record
The broadcast television network ABC, Inc. and two of its wholly owned affiliates, KTRK Television, Inc., and WLS Television, Inc., were fined $27,500 each by the Federal Communications Commission (FCC) for airing an episode of the drama NYPD Blue in February 2003 in which an actress appears partially nude for seven seconds. ABC challenged the FCC decision in Federal court, and its case was joined a similar lawsuit by Fox Television Stations at the appellate court level. The following is excerpted from the Brief for the ABC Respondents as submitted to the U.S. Supreme Court on November 3, 2011. …