Congressional Digest

Supreme Court Debates December 2008 No. 10 Vol. 11
Fox Television Stations, Inc.

Broadcast Indecency

The Networks Challenge the FCC

Fox Television Stations, Inc.

Respondent

Carter G. Phillips, Counsel of Record During FoxTelevision’s broadcast of the 2002 and 2003 Billboard Music Awards, several celebrities used obscene languagethat was broadcast live over the air. In 2006, Fox was cited by the FederalCommunications Commission (FCC) as in violation of a new policy it hadestablished that prohibited even the “fleeting use of obscene language inover-the-air broadcasts between the hours of 6 a.m. and 10 p.m. In the sameorder, the FCC also cited programming by American Broadcasting Corporation(ABC) and Columbia Broadcasting System (CBS), although in all instances itdeclined to impose sanctions against the networks because the policy recently hadbeen…

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