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January 5, 2012

First Amendment Expert Analyzes “Fleeting Expletives” Case

On January 10, 2012, the U.S. Supreme Court will hear FCC v. Fox Television Stations, a  case disputing a Court of Appeals decision invalidating the Federal Communication Commission’s finding that broadcasts including expletives and nudity were indecent.

At issue is whether the FCC’s current indecency-enforcement regime violates the First or Fifth Amendment.

Paul Smith, a lawyer with the Washington, D.C. office of Jenner and Block who has handled a number of high-profile First Amendment cases, comments on the case.

For more information, see the ABA Division for Public Education’s analysis of the case in Preview, a subscription publication that provides, in advance of oral argument, expert, plain-language analysis of all cases given plenary review by the Supreme Court.