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Constitutional Law

Jun. 13, 2007

Silencing Profanity Wastes Government Time

Forum Column - By Erwin Chemerinsky - Erwin Chemerinsky praises a recent appellate-court decision limiting the FCC's ability to punish profanity.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

FORUM COLUMN

By Erwin Chemerinsky

      Freedom of speech and common sense won an important battle in the 2nd U.S. Circuit Court of Appeals' recent decision that broadcasters cannot be punished for "fleeting expletives."
      In Fox Television Stations Inc. v. Federal Communications Commission, 06-1760 (2nd Cir. June 4, 2007), the court invalidated a new Federal Communications Commission policy pr...

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