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First Amendment Expert Analyzes “Fleeting Expletives” Case

First Amendment Expert Analyzes “Fleeting Expletives” Case

By Edward McEneely

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.

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