Please read FCC v. Pacifica Foundation, 438 U.S. 726 (1978). Give me a brief summary of the facts and holding in the case.
Two new cases are headed to the Supreme Court this year on the issue of fleeting obscenities. The first is Fox Television Stations, Inc. v. FCC, 613 F. 3d 317 (2d Cir. 2010). Give me a brief summary of the facts and holding in the case.
The second is ABC, Inc. v. FCC, 404 Fed. Appx. 530; 2011 U.S. App. LEXIS 72; 39 Media L. Rep. 1065; 52 Comm. Reg. (P & F) 157 (2d Cir. 2011). Give me a brief summary of the facts and holding in the case.
Justice Scalia in Fox outlines two possible arguments: either children are already exposed to this language so often that the FCC’s policy on fleeting expletives doesn’t serve a purpose; or the FCC should have a stricter policy to compensate for children’s exposure in other places. Which do you believe is more accurate and why? How would you deal with the Second Circuit’s argument on vagueness? Remember to justify your answer.
Bluebook citation is required.
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