Brief for Respondents
No. 10-1293 In the Morris Tyler Moot Court of Appeals at Yale FEDERAL COMMUNICATIONS COMMISSION, ET AL., PETITIONERS v. FOX TELEVISION STATIONS, INC., ET AL., RESPONDENTS FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, PETITIONERS v. ABC, INC., ET AL., RESPONDENTS ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF FOR THE RESPONDENTS LEWIS BOLLARD JONATHAN SIEGEL Counsel for Respondents The Yale Law School 127 Wall Street New Haven, CT 06511 (203) 432–4992 QUESTIONS PRESENTED The FCC forbids the broadcasting of indecent speech, defined “as material that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.” J.A. 49. The questions presented are: 1. Whether the FCC’s definition of indecency violates the Fifth Amendment because it is impermissibly vague. 2. Whether the FCC’s ban on indecency violates the First Amendment because it is not narrowly tailored and because it does not require scienter for liability. i PARTIES TO THE PROCEEDINGS Petitioners are the Federal Communications Commission and the United States of America. Respondents who were petitioners in the court of appeals in Fox Television Stations, Inc. v. FCC are: Fox Television Stations, Inc., CBS Broadcasting Inc., WLS Television, Inc., KTRK Television, Inc., KMBC Hearst-Argyle Television, Inc., and ABC Inc. Respondents who were intervenors in the court of appeals in Fox Television Stations, Inc. v. FCC are: NBC Universal, Inc., NBC Telemundo License Co., NBC Television Affiliates, FBC Television Affiliates Association, CBS Television Network Affiliates, Center for the Creative Community, Inc., doing business as Center for Creative Voices in Media, Inc., and ABC Television Affiliates Association.
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