Monday, May 04, 2009
UPDATE: Supreme Court Acts on FCC Fines
This really does not belong on this blog. However, I previously blogged about the core administrative analysis in the Third Circuit's decision tossing out the FCC penalty against CBS for the famous wardrobe malfunction. Well, by way of update, the Supreme Court has ruled that the Third Circuit is wrong and that the FCC acted within its power when it changed its enforcement policy. Here is an article from Variety. The decision is narrow in that it is based on the procedural and administrative aspects. It does not address Bono's first amendment right to drop the f-bomb on network TV.
According to Reuters, this means that the lower court is going to have to take a second look at Janet Jackson's breast. Well, so to speak.
Here is the opinion by Justice Scalia. There are six separate opinions. I might read it if I have time. Right now, I do not. I am not making any promise to report back.