Image via WikipediaOral argument on FCC v. Fox Television Stations (Case No. 10-1293) will be heard by the U.S. Supreme Court next Tuesday.
Justice Sonia Sotomayor, who sat on the U.S. Circuit Court of Appeals for the Second Circuit before her confirmation to the High Court, has recused herself from hearing the one-hour argument by the parties regarding the constitutionality of the FCC's indecency rules regarding "fleeting expletives" and "fleeting nudity" that govern television and radio broadcasting. The U.S. Circuit Court of Appeals for the Second Circuit twice has ruled the rules violate the First Amendment. (See "TUOL" posts 6/28/11 & 4/22/11).