Federal Communications Commission v. Fox Television Stations, Inc.

Background

The cases involve television broadcasters (Fox and ABC) and the Federal Communications Commission (FCC). Cher and Nicole Richie spoke unscripted, profane words during award shows, and an episode of NYPD Blue briefly showed a woman’s nude buttocks for about seven seconds with a child present. The FCC changed its enforcement stance after those broadcasts, later treating fleeting expletives and brief nudity as potentially punishable and imposing fines on ABC affiliates while not fining Fox for one earlier incident.

Reasoning

The Court focused on whether the FCC’s policy gave broadcasters fair notice that fleeting expletives or momentary nudity could be punished. The Court explained that laws must tell ordinary people what is forbidden. Because the FCC’s earlier guidance and past decisions treated isolated or fleeting moments differently, broadcasters could not have known the agency had adopted a new, stricter rule. The Court therefore held the orders against Fox and ABC invalid for lack of constitutional fair notice and set those agency orders aside.

Real world impact

The ruling protects broadcasters from penalties tied to these specific past broadcasts and requires the FCC to give clear guidance before punishing similar speech. The Court did not decide whether the FCC’s current policy is ultimately constitutional and said the agency may revise its rules; courts can later review any new policy. The decision also recognizes reputational and financial harms tied to agency findings, such as the large fines imposed on ABC affiliates.

Dissents or concurrances

Justice Ginsburg, concurring, added that the older precedent allowing broad regulation of broadcasters may be outdated and warrants reconsideration in light of technological changes.