Bleeeeep! The Regulation of Indecency, Isolated Nudity, and Fleeting Expletives in Broadcast Media: An Uncertain Future for Pacifica v. FCC

Charlotte Law Review Vol. 3: 469, 2012

34 Pages Posted: 8 Jul 2014 Last revised: 18 Sep 2014

See all articles by Terri Day

Terri Day

Barry University - Dwayne O. Andreas School of Law

Danielle Weatherby

University of Arkansas - School of Law

Date Written: July 1, 2012

Abstract

This article posits that regulating in an area of speech that raises questions about its social value and potential harm will be extremely difficult under the Roberts Court. Government restrictions targeting the content of low value, but protected, expression will be reviewed under the exacting standards of core First Amendment speech. Even though the broadcast indecency policy is shrouded in administrative agency deference standards, it is unlikely that the Court will give the FCC free-wheeling reign to enforce its new policy, which is much more speech-restrictive than the FCC’s enforcement policy of the past forty years. While the Court may not reach the ultimate question of whether Pacifica is or should be overturned, the Fox case may bring the Court one step closer to erasing the First Amendment distinctions between broadcast media and other forms of media.

Keywords: Free Speech, First Amendment, Broadcast Media, Roberts, Pacifica, Fox, FCC

JEL Classification: K23, K42

Suggested Citation

Day, Terri and Weatherby, Danielle, Bleeeeep! The Regulation of Indecency, Isolated Nudity, and Fleeting Expletives in Broadcast Media: An Uncertain Future for Pacifica v. FCC (July 1, 2012). Charlotte Law Review Vol. 3: 469, 2012, Available at SSRN: https://ssrn.com/abstract=2463503

Terri Day

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

Danielle Weatherby (Contact Author)

University of Arkansas - School of Law ( email )

313 Leflar Law Center
Fayetteville, AR 72701
United States

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