04.28.2009 01:10 PM
David Oxenford on Supreme Court Indecency Decision

WASHINGTON: Veteran media attorney David Oxenford, a partner with Davis Wright Tremaine, says the Supreme Court’s ruling against fleeting expletives is not the end of the indecency debate by any means. The high court bounced the major issue of the case back to the Second U.S. Court of Appeals, i.e., whether the premise violates the First Amendment.

“The Supreme Court is often unwilling to make a sweeping decision when it can decide a case on narrow grounds,” Oxenford wrote. “Here, the Second Circuit had decided the case solely on the basis of its perception that the FCC has not provided a rational basis for its decision. The Second Circuit had a discussion of the constitutionality under the First Amendment of the FCC’s decision, and stated that it questioned whether the decision met constitutional muster, but because it threw out the FCC decision on the administrative law question, it did not finally decide the constitutional issue. Thus, the Supreme Court, despite urging from the broadcasters in the case, declined to rule on the constitutional issue--sending it back to the Second Circuit for further consideration.”

Oxenford’s complete entry is available at his Broadcast Law Blog. He said he expects to post a more comprehensive analysis of the decision in the coming days. 

Post New Comment
If you are already a member, or would like to receive email alerts as new comments are
made, please login or register.

Enter the code shown above:

(Note: If you cannot read the numbers in the above
image, reload the page to generate a new one.)

No Comments Found

Tuesday 06:00 AM
Eleven FCC Scenarios for The 600 MHz Band Plan
I suspect that the estimated $44 billion of auction proceeds do not take into account the fact that some spectrum the FCC will buy cannot be resold because it must be used as guard intervals in the 600 MHz band plan.~ Charles W. Rhodes

Featured Articles
Discover TV Technology