Federal Communications Commission, et al. v. Fox Television Stations, Inc., et al. (556 U.S. 502)
U.S. Supreme Court · decided April 28, 2009 · Supreme Court Database (Spaeth)
- Citation
- 556 U.S. 502 · 129 S. Ct. 1800
- Decided
- April 28, 2009
- Term
- October Term 2008
- Vote
- 5–4
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court, except as to Part III-E. Federal law prohibits the broadcasting of “any . . . indecent . . . language,” 18 U. S. C. § 1464, which includes expletives referring to sexual or excretory activity or organs, see FCC v. Pacifica Foundation, 438 U. S. 726 (1978). This case concerns the adequacy of the Federal Communications Commission’s explanation of its decision that this sometimes forbids the broadcasting of indecent expletives even when the offensive words are not repeated. I. Statutory and Regulatory Background The Communications Act of 1934,48 Stat. 1064,47 U. S. C. § 151 et seq. (2000 ed. and Supp. V), established a system of limited-term broadcast licenses subject to various “conditions” designed “to maintain the control of the United States over all the channels of radio transmission,” § 301 (2000 ed.). Almost 28 years ago we said that “[a] licensed broadcaster is granted the free and exclusive use of a limited and valuable part of the public domain; when he accepts that franchise it is burdened by enforceable public obligations.” CBS, Inc. v. FCC, 453 U. S. 367, 395 (1981) (internal quotation marks omitted). One of the burdens that licensees shoulder is the indecency ban — the statutory proscription against “utter[ingj any obscene, indecent, or profane language by means of radio communication,” 18 U. S. C. § 1464 — which…
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