chanel
Silver Member
The Supreme Court is set to hear arguments Tuesday about whether the FCC should still have a role in policing the nations airwaves or whether its indecency regulations violate guarantees of free speech and due process.
The networks have argued successfully in lower courts that in a revolutionized world in which they exist side by side with cable channels that are beyond the FCCs regulation, singling them out is not only nonsensical but unconstitutional.
The courts deliberations this time will focus on whether the FCCs indecency regulations violate the First Amendment and the Fifth Amendments guarantee of due process.
In the 2009 case, Justice Clarence Thomas voted with the majority but said the court should reexamine the Pacifica decision. Traditional broadcast television and radio are no longer the uniquely pervasive media forms they once were, he wrote.
Supreme Court case tests FCC’s power to police TV indecency - The Washington Post
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