Publications

August 27, 2010

Second Circuit Review: Court Strikes Down FCC’s ‘Fleeting Expletives’ Policy

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Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column appeared in the August 25 issue of the New York Law Journal. The article discusses Fox Television Stations, Inc. v. FCC, in which the U.S. Court of Appeals for the Second Circuit, following remand from the U.S. Supreme Court, struck down the FCC's indecency policy as unconstitutionally vague. The court found the policy underlying the order unconstitutional because it failed to provide adequate guidance, thereby creating a chilling effect that extended beyond the "fleeting expletives" the agency intended to regulate. Litigation associate Neil Lieberman assisted in the preparation of the column.