Federal Communications Commission Case Summary

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Facts: In 2002 and 2003, Cher and Nicole Richie cursed on the Billboard Music Awards that was broadcast live by Fox Television Stations. Since they were not bleeped, the Federal Communications Commission (FCC) sent notices to Fox for airing the profane language even though they had previously accepted that fleeting and isolated expletives did not violate indecency regime, arguing that previous decisions of this matter were only dicta and staff letters. Fox appealed against the FCC sanctions and this case went to the U. S. Court of Appeals for the Second Circuit. Issue: Is the FCC imposing liability on Fox Television Stations for both airings of fleeting expletives as arbitrary and capricious under the Administrative Procedure Act (APA) even though they previously accepted profane language? …show more content…

According to the Administrative Procedure Act, FCC should have first relied in part on its precedent regarding APA to acquire a more substantial explanation for agency action to change its prior policy. Application: In deciding the case, the court believed that FCC did not violate the First Amendment but did fail to notify Fox of its constitutional right to be warned in advanced and give detail what the new policy prohibited. Since the FCC changed its policy after the show aired, the new policy cannot be applied to the previous broadcast of the Billboard Music

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