ACLJ & Members of Congress Pleased Supreme Court Upholds FCC's Indecency Policy Protecting Children From Broadcasting Expletives

June 21, 2011

2 min read

American Heritage

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(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it was pleased by the 5-4 decision of the Supreme Court of the United States upholding the Federal Communication Commissions indecency policy.  The FCC had fined FOX Television for expletives broadcast during an awards show.  The ACLJ represented itself and 18 members of Congress in filing an amicus brief with the high court in support of the FCC in the case of FCC v. Fox Television Stations (No. 07-582).

Were gratified that the Supreme Court has upheld the FCCs indecency policy and its authority to act to protect Americas families especially children in this case, Jay Sekulow, Chief Counsel of the ACLJ.  While the Supreme Court did not address the specific question about whether the FCCs indecency policy is constitutional under the First Amendment, it did set an important tone with todays decision.  By upholding the FCCs power to regulate even a single expletive, the high court acted in a manner that can only serve to protect the viewing public especially children.

The ACLJ filed its friend-of-the-court brief on behalf of itself and 18 members of the U.S. House of Representatives from the 110th Congress:  Charles Pickering, Roscoe Bartlett, Kevin Brady, Paul Broun, Danny Davis, John Doolittle, Mary Fallin, Trent Franks, Wally Herger, Jim Jordan, Doug Lamborn, Kenny Marchant, Jeff Miller, Marilyn Musgrave, Joe Pitts, Mark Souder, Tim Walberg and Dave Weldon. 

You can read the ACLJ amicus brief hereIn the brief, the ACLJ argued that the indecency policy will allow the FCC to afford greater protection to children when they are likely to comprise a significant portion of the broadcast audience.  The ACLJ brief also contended that it is essential that this policy be respected by broadcasters and upheld by this Court.

You can read the Supreme Court decision here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.