The Federal Communication Commission's New Enforcement Policy, Which Penalizes Broadcasters for Airing Even a "Fleeting Expletive" in Violation of the Statutory Indecency Ban, is Not Arbitrary and Capricious under the Administrative Procedure Act: FCC v. Fox Television Stations, Inc.

Authors

Brittany A. Roof

Abstract

The Supreme Court of the United States held that an independent government agency, such as the FCC, must only show good reason for changing its prior policy to be in compliance with the Administrative Procedure Act. The agency is not required to articulate why the new policy is, in fact, a better choice than its prior policy.

FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009).

First Page

699

Recommended Citation

Brittany A. Roof, The Federal Communication Commission's New Enforcement Policy, Which Penalizes Broadcasters for Airing Even a "Fleeting Expletive" in Violation of the Statutory Indecency Ban, is Not Arbitrary and Capricious under the Administrative Procedure Act: FCC v. Fox Television Stations, Inc., 48 Duq. L. Rev. 699 (2010).
Available at: https://dsc.duq.edu/dlr/vol48/iss3/7