Supreme Court Decision Upholds FCC’s Indecency Policy Protecting Kids from Broadcasting Expletives

“We’re gratified that the Supreme Court has upheld the FCC’s indecency policy and its authority to act to protect America’s families - especially children - in this case.” - Jay Sekulow, Chief Counsel of the ACLJ

WASHINGTON, April 28, 2009—A 5-4 decision by the Supreme Court of the United States has ensured that protections for children from broadcasting expletives will remain in place.  The American Center for Law and Justice (ACLJ), America's leading conservative public interest law firm, represented itself and 18 members of Congress in filing an amicus brief with the high court in support of the Federal Communication Commission (FCC) in the case of FCC v. Fox Television Stations (No. 07-582).  The FCC had fined FOX Television for expletives broadcast during an awards show. 

"While the Supreme Court did not address the specific question about whether the FCC's indecency policy is constitutional under the First Amendment, it did set an important tone with today's decision," said Jay Sekulow, Chief Counsel of the ACLJ .  "By upholding the FCC's power to regulate even a single expletive, the high court acted in a manner that can only serve to protect the viewing public - especially children."

The ACLJ filed its friend-of-the-court brief on behalf of itself and 18 members of the U.S. House of Representatives from the 110th Congress:  Charles Pickering, Roscoe Bartlett, Kevin Brady, Paul Broun, Danny Davis, John Doolittle, Mary Fallin, Trent Franks, Wally Herger, Jim Jordan, Doug Lamborn, Kenny Marchant, Jeff Miller, Marilyn Musgrave, Joe Pitts, Mark Souder, Tim Walber and Dave Weldon. 

You can read the ACLJ amicus brief here.  http://www.aclj.org/Media/PDF/FCC_v_FoxTelevision_No07-582_ACLJ_Amicus_Brief_06092008.pdf

In the brief, the ACLJ argued that the indecency policy "will allow the FCC to afford greater protection to children when they are likely to comprise a significant portion of the broadcast audience."  The ACLJ brief also contended that "it is essential that this policy be respected by broadcasters and upheld by this Court."

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  The ACLJ's online newsroom contains high-res, downloadable graphics, principal bios, ACLJ fact sheets, etc.

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