This is the case’s second trip to the Supreme Court in three years. Initially, Fox and ABC fought their fines by attacking the rule change as unlawfully arbitrary, but the justices rejected that argument in 2009, with the conservatives prevailing on a 5-4 vote. This time, the networks argued that the FCC had violated the First Amendment, contending that the rule chilled protected speech by coupling threats of crippling fines with inadequate guidance on how to comply. ABC and Fox also went after the broadcast indecency regime itself, maintaining that it has been fatally undermined by the rise of widely accessible cable, satellite and Internet television — all beyond the FCC’s regulatory reach — and the availability of parental controls technology to protect children without the need for governmental intervention.
Well, let’s see where this takes us….