Document Type

Article

Publication Date

2-21-2012

Publication Title

Jurist

Abstract

The FCC v. Fox Television Stations, Inc. case is the most recent iteration of an ongoing struggle to apply the US Supreme Court's flawed majority reasoning in FCC v. Pacifica — a 1978 decision that set in motion a scheme to try to protect children from broadcast profanity and nudity.While the channeling of such content to overnight hours seemingly protected some adult's First Amendment rights,I have argued for more than 20 years that the vague and subjective definitions promulgated by the FCC are problematic.

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