CommLaw Blog is covering FCC v Fox Television in the Supreme Court. But as Marjorie Heins points out at the Free Expression Policy Project, it looks like the case will turn on what should be censored for “indecency” rather than whether or not the FCC’s censorship poses a threat to the First Amendment. She writes:
Anyone hoping to hear outrage from the Supreme Court over the Federal Communications Commission’s freewheeling censorship of whatever it considers “indecent” in broadcasting would have been disappointed by the tenor of the oral argument before the Court today in FCC v. Fox Television, the “fleeting expletives” case. [...] Only Justice Ginsburg seemed in favor of addressing head-on the First Amendment problem with a government agency’s shifting, subjective, often whimsical censorship decisions.