The federal government has a ‘good case’ at the Supreme Court in ...
The federal government has a “good case” at the Supreme Court in appealing a remand of an FCC policy of fining broadcasters for airing a lone curse during a show, said FCC Commissioner Michael Copps. The U.S. Solicitor General…
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was correct to plan to appeal the fleeting expletive decision by the 2nd U.S. Appeals Court in New York, Copps told reporters Thursday. The Solicitor General’s decision to seek a further extension, to Nov. 1, to file an appeal telegraphs an intention to appeal, said Media Access Project President Andrew Schwartzman. The high court granted the extension, said Schwartzman, a participant in the case, Fox v. FCC. Copps thinks the FCC has “legal precedent” in making “a sound case,” he said. “I think the court has always been cognizant of the influence of media.” FCC Chairman Kevin Martin was “pleased” about the solicitor general’s decision, he said. Broadcast lawyers have said the FCC faces a high hurdle in getting the Supreme Court to hear oral argument on the case because the 2nd Circuit cited procedural, not constitutional, grounds in its ruling. A Fox spokesman said the broadcaster will “respond in due course” after the solicitor general files. - JM