Broadcasters and the FCC will have to wait at least a few
more days to find out what the Supreme Court thinks about the constitutionality
of the FCC's indecency enforcement regime.
According to SCOTUSblog's live blogging of the release of
orders and opinions Monday, a decision in Fox v. FCC was not among them.
More opinions are expected on Thursday as the court winds
down the session.
The court is actually weighing in on both the FCC indecency
finding against Fox stations for swearing in awards shows, and the fine against
ABC stations for airing Charlotte Ross' naked backside in NYPD Blue, which were combined in the appeal.
The FCC has asked the court also to hear an appeal of the
Janet Jackson half-time show fine against CBS stations, but also asked it to
wait to decide whether to hear that appeal until after it comes out with the
Fox decision, since that could obviously affect the case.