Federal Communications Commission (FCC), et al., Petitioners
Donald B. Verrilli, Jr., U.S. Solicitor General
The Radio Act of 1927 first gave the Federal Government the power to prohibit obscene language on the public airwaves. Current FCC regulations specify that indecent material may not be broadcast between the hours of 6 a.m. and 10 p.m. The FCC can punish transgressors with fines and suspension of broadcasting licenses. In 2006, the FCC began implementation of a new policy that defined even “fleeting use of obscenities” as a violation of the law. The FCC cited a number of instances that constituted actionable infractions, including Fox broadcasts of the 2002 and 2003 Billboard Music Awards and several episodes…
