SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Mawshaw
Federal Communications Commission v. Fox Television Stations, Inc.
Citation:
556 U.S. 502 (2009)Facts
For decades, the FCC had a policy of not sanctioning isolated or fleeting expletives in broadcasts. In 2004, following Bono’s use of the F-word during the 2003 Golden Globe Awards, the FCC changed its policy to make even a single, non-repeated use of certain expletives potentially actionable. The FCC then applied this new policy to find that Fox had violated the indecency prohibition during two Billboard Music Awards broadcasts: one in 2002 when Cher said, “I’ve also had critics for the last 40 years saying that I was on my way out every year. Right. So f ’em,” and another in 2003 when Nicole Richie said, “Why do they even call it ‘The Simple Life?’ Have you ever tried to get cow s out of a Prada purse? It’s not so f*ing simple.” The FCC reasoned that any use of the F-word inherently has a sexual connotation and is therefore indecent, and that technological advances had made it easier for broadcasters to “bleep” offensive language. The FCC did not impose sanctions but declared the broadcasts indecent under its new policy.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.