11/4/2022 0 Comments Top2003 programmer software![]() ![]() In making that change, the Commission recognized that "the question of whether material is patently offen sive requires careful consideration of context." Infinity Reconsideration Order, 3 F.C.C.R. at 930 ¶¶ 2, 5 (quoting In re Citizen's Complaint Against Pacifica Found. Accordingly, the Commission concluded that, in enforcing Section 1464, it would apply the generic indecency test articulated in Pacifica, that is, whether the material "describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs, when there is a reason able risk that children may be in the audience." Id. In 1987, however, the Commission determined that such a "highly restricted enforcement standard * * * was unduly narrow as a matter of law" because it "focus exclusively on specific words rather than the generic definition of indecency." Id. ![]() For several years after Pacifica, the Commission enforced the indecency prohibition only against "mate rial that closely resembled the George Carlin mono logue," that is, material that "involved the repeated use, for shock value, of words similar or identical to those" used by Carlin. This Court held that the Commission's enforcement ac tion was consistent with the First Amendment. At issue in Pacifica was the midday radio broadcast of George Carlin's monologue "Filthy Words." Responding to a listener complaint, the Commission determined that the broadcast violated Section 1464. 726 (1978), this Court upheld the constitutionality of the FCC's authority to regulate indecent broadcasting. 503(b)(1)(B) and (D), or taking vio lations into account during license-renewal proceedings, see 47 U.S.C. The FCC has authority to enforce the broadcast-inde cency prohibition by, inter alia, imposing civil forfei tures, see 47 U.S.C. The Commission does not regulate indecent broadcasts outside that time period. The FCC's rules currently prohibit licensees of radio and television stations from broadcasting "any material which is indecent" between the hours of "6 a.m. Public Telecommunications Act of 1992, Pub. In 1992, Con gress supplemented that prohibition by directing the Federal Communications Commission (FCC or Commis sion) to "promulgate regulations to prohibit the broad casting of indecent programming" during certain times of the day. Federal law has long forbidden the broadcast of "obscene, indecent, or profane language by means of radio communication." 18 U.S.C. Pertinent provisions are set out in the appendix to this petition. The jurisdiction of this Court is in voked under 28 U.S.C. On October 9, 2008, Justice Souter extended the time within which to file a petition for a writ of certiorari to and including November 18, 2008. The judgment of the court of appeals (App., infra, 184a-185a) was entered on July 21, 2008. The orders of the Fed eral Communications Commission (App., infra, 83a- 122a, 123a-183a) are reported at 21 F.C.C.R. The opinion of the court of appeals (App., infra, 1a- 82a) is reported at 535 F.3d 167. The Solicitor General, on behalf of the Federal Com munications Commission and the United States of Amer ica, respectfully petitions for a writ of certiorari to re view the judgment of the United States Court of Appeals for the Third Circuit in this case. GROUP OF TEXAS L.P., AND KUTV HOLDINGS, INC. 551 et seq., in determining that the most widely viewed broadcast of public nudity in televis ion history fell within the federal prohibitions on broad cast indecency.ĬBS TELEVISION STATIONS, INC., CBS STATIONS #Top2003 programmer software pro#Whether the court of appeals erred in holding that the Federal Communications Commission acted arbi trarily and capriciously under the Administrative Pro cedure Act, 5 U.S.C. In the Supreme Court of the United StatesĪND UNITED STATES OF AMERICA, PETITIONERSĬBS TELEVISION STATIONS, INC., CBS STATIONS GROUP OF TEXAS L.P., AND KUTV HOLDINGS, INC. ![]()
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