Legal Opinion

Fox Television Stations, Inc. v. Federal Communications Commission

Court of Appeals for the Second Circuit

Decided July 13, 2010No. Docket 06-1760-ag, 06-2750-ag, 06-5358-agPublishedCited by 13 opinions

1Opinion of the Court

POOLER, Circuit Judge:

This petition for review comes before us on remand from the Supreme Court. Previously we held, with Judge Leval dissenting, that the indecency policy of the Federal Communications Commission (“FCC” or “Commission”) was arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A). See Fox Television Stations, Inc. v. FCC, 489 F.3d 444, 462 (2d Cir.2007). The Supreme Court reversed, upholding the policy under the APA and remanding for consideration of petitioners’ constitutional arguments. See FCC v. Fox Television Stations, Inc., — U.S. -,…

2Cases cited26 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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3Cited by13 opinions

  1. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2012
  2. Time Warner Cable Inc. v. Federal Communications CommissionCourt of Appeals for the Second Circuit · 2013
  3. EVERGREEN ASS'N, INC. v. City of New YorkDistrict Court, S.D. New York · 2011
  4. Hayes v. New York Attorney Grievance Committee of the Eighth Judicial DistrictCourt of Appeals for the Second Circuit · 2012
  5. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2011

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