Federal Communications Commission, et al.
Petitioners
Paul D. Clement, Solicitor General The Radio Act of 1927 firstgave the Federal Government the power to prohibit obscene language on thepublic airwaves. Current Federal Communications Commission (FCC) regulations specify that indecent material may not be broadcast between the hoursof 6 a.m. and 10 p.m. The FCC can punish transgressorswith fines and suspension of broadcasting licenses. In 2006, the FCC beganimplementation of a new policy that defined even “fleeting use of obscenitiesas a violation of the law. The FCC cited a number of instances that constitutedactionable infractions, including Fox broadcasts of the 2002 and 2003 Billboard Music Awards, several episodes…
