Abstract
In January 2012, the Supreme Court heard oral arguments in a case that demonstrates how the law struggles to adapt to changes in technology. In Federal Communications Commission v. Fox Television Stations, et al. (docket 10-1293), the Court is considering whether the FCC's indecency-enforcement regime violates the First Amendment or Fifth Amendment to the Constitution, and whether that regime is too vague to be constitutional. This paper examines the history and foundations for FCC censorship, analyzes the briefs submitted on behalf of Fox (and other networks) and the government, and raises the question of whether broadcast television is still be relevant as a unique category in telecommunications regulatory framework.
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