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ARTICLE · 22 JUNE 2012

Supreme Court Decision Alert - June 21, 2012

Mayer Brown
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Today the Supreme Court issued two decisions, described below, of interest to the business community.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published on June 21, 2012

Keywords: Telecommunications Act, FCC regulation of indecency, criminal sentencing, criminal fines

Today the Supreme Court issued two decisions, described below, of interest to the business community.

Telecommunications Act—Constitutionality of FCC Regulation of Indecency

FCC v. Fox Television Stations, Inc. , No. 10-1293 (previously discussed in the June 27, 2011 Docket Report).

Federal law makes it unlawful to "utter[] any obscene, indecent, or profane language by means of radio communication" (18 U.S.C. § 1464) and directs that "[t]he Federal Communications Commission shall promulgate regulations to prohibit the broadcasting of indecent programming" during specified hours of the day (Public Telecommunications Act § 16(a), Pub. L. No. 102-356, 106 Stat. 954 (1992)). The FCC has implemented those statutory provisions by adopting regulations that prohibit broadcast licensees from airing "any material which

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