Narrative Opinion Summary
The summary order addresses a case involving a forfeiture order issued by the Federal Communications Commission (FCC) against forty-four ABC-affiliated television stations due to the broadcast of a woman's nude buttocks in an episode of "NYPD Blue," which the FCC deemed actionably indecent. ABC, Inc. and associated parties petitioned for review following a reversal of the FCC's order by the Second Circuit in ABC, Inc. v. FCC, which found the indecency policy underlying the forfeiture order to be unconstitutionally vague. The Supreme Court subsequently granted certiorari, determining that the FCC had violated ABC's rights under the Fifth Amendment’s Due Process Clause by failing to provide fair notice that fleeting nudity could be considered actionably indecent prior to the broadcast. Consequently, the order concludes by granting the petition for review and vacating the FCC’s forfeiture order based on the Supreme Court's ruling.
Legal Issues Addressed
Due Process Clause of the Fifth Amendmentsubscribe to see similar legal issues
Application: The Supreme Court determined that the FCC violated ABC's Fifth Amendment rights by not providing fair notice regarding the classification of fleeting nudity as actionably indecent.
Reasoning: The Supreme Court subsequently granted certiorari, determining that the FCC had violated ABC's rights under the Fifth Amendment’s Due Process Clause by failing to provide fair notice that fleeting nudity could be considered actionably indecent prior to the broadcast.
Indecency Regulation under Federal Communications Commissionsubscribe to see similar legal issues
Application: The FCC issued a forfeiture order against ABC-affiliated stations for broadcasting content deemed actionably indecent.
Reasoning: The summary order addresses a case involving a forfeiture order issued by the Federal Communications Commission (FCC) against forty-four ABC-affiliated television stations due to the broadcast of a woman's nude buttocks in an episode of "NYPD Blue," which the FCC deemed actionably indecent.
Judicial Review of Administrative Orderssubscribe to see similar legal issues
Application: The petition for review was granted and the FCC's forfeiture order was vacated based on the Supreme Court's ruling.
Reasoning: Consequently, the order concludes by granting the petition for review and vacating the FCC’s forfeiture order based on the Supreme Court's ruling.
Vagueness Doctrine under Constitutional Lawsubscribe to see similar legal issues
Application: The Second Circuit found the FCC's indecency policy unconstitutionally vague, resulting in a reversal of the forfeiture order.
Reasoning: ABC, Inc. and associated parties petitioned for review following a reversal of the FCC's order by the Second Circuit in ABC, Inc. v. FCC, which found the indecency policy underlying the forfeiture order to be unconstitutionally vague.