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The Ruling
The votes were: 8 for FCC, 0 votes against. Justice Ginsburg concurred. Justice Sotomayer did not participate in the decision of the case.
How did it reach the Supreme Court?
The network decided to challenge the FCC rules. According to documents, “The U.S. Court of Appeals for the Second Circuit ruled that the FCC's rules were ‘unconstitutionally vague’ and had a ‘chilling effect.’” The case was taken to the Supreme Court. Certiorari was granted June 27, 2011.
The Case
- The FCC exclaimed television stations would be fined when vulgarity was shown on a live program.
- Fox violated the rule, in 2002 and 2003 when Cher and Nicole Richie cursed.
Fox Television Station
FCC
The Federal Communications Commissions
The Ruling
Oral arguments were made on January 10th, 2012. The votes were: 8 for FCC, 0 votes against. Justice Ginsburg concurred. Justice Sotomayer did not participate in the decision of the case.
Supreme Court
Justice M. Kennedy remanded the case. The Supreme Court held the FCC was vague, and they did not give proper notice a fine would be given if vulgarity was used and not censored. Justice Kennedy did not note whether this violated the First Amendment. The Supreme court only found the policy applied was unconstitutional, but the FCC could modify the policy. Justice Ginsburg concurred, and Justice Sotomayer did not participate in the 8-0 decision for the case.