Opinion of the Court
The FCC Adequately Explained Why It Ruled That "Fleeting and Isolated Utterances" of Explicit Content Are Prohibited on television
The FCC’s orders are neither "arbitrary" nor "capricious" within the meaning of the Administrative Procedure Act (APA). Under the APA standard, an agency must "examine the relevant data and articulate a satisfactory explanation for its action." — Motor Vehicle Manufacturers Association of the United States, Inc. v. State Farm Mutual Automobile Insurance Co. (1983). In overturning the FCC’s judgment, the Second Circuit relied in part on its precedent interpreting the APA and State Farm to require a more substantial explanation for agency action that changes prior policy. There is, however, no basis in the Act or this Court’s opinions for…
