As we wrote earlier this week, the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC’s indecency rules, finding that the rules were too vague and had an undue chilling effect on broadcasters. DWT’s First Amendment experts have now taken a closer look at the Court’s decision in Fox Television Stations v. FCC and have released an advisory with further analysis. The advisory, available here, provides further details and insight into the decision from Robert Corn-Revere and Ronald G. London. Given that there are several other indecency cases still pending before the courts, including the Second Circuit, it will be interesting to see what impact this decision has on those pending cases and whether the FCC’s indecency rules can ultimately withstand constitutional scrutiny.
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