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Constitutional Law

Jan. 24, 2012

FCC broadcast indecency case: Which gets protected — First Amendment or children?

Does policing curse words and nudity on broadcast television make sense in the cable era?

John F. Stephens

Goldberg Segalla LLP

Email: jstephens@goldbergsegalla.com

We live in, by any measure, the wealthiest, most technologically advanced and freest nation humankind has ever known. However, our laws sometimes do not always appear to be logical. Take for example, the First Amendment case Federal Communications Commission v. Fox that was argued before the U.S. Supreme Court on Jan. 10. This case highlights well a flaw in our very successful form of government: We continue to impose on free speech rights but only for broadcast television, and on...

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