ACLJ and Members of Congress Call on Supreme Court to Uphold FCC’s Indecency Policy to Protect Kids

“The FCC acted appropriately in punishing the broadcasters who aired the expletives and clearly acted in the best interest of the viewing public—especially children,” —Jay Sekulow, ACLJ Chief Counsel

WASHINGTON, Nov. 4, 2008—Representing 18 members of Congress, the American Center for Law and Justice (ACLJ) said today the Supreme Court must act today to protect the viewing public from indecent material broadcast over public airwaves.  This comes as the high court today heard oral arguments in the case FCC v. Fox (No. 07-582). 

The ACLJ is asking the Supreme Court to overturn a lower court decision and uphold the indecency policy exercised by the Federal Communications Commission (FCC) when it issued fines after expletives were uttered during a nationally-broadcast awards show.  The ACLJ's amicus brief supported the FCC policy and was filed with the high court on behalf of itself and 18 members of Congress. 

"There's a tremendous responsibility afforded to those who use the public airwaves and the FCC's indecency policy is not only necessary but appropriate.  The FCC's indecency policy affords children greater protection from the harm occasioned by exposure to indecent material without infringing the constitutional rights of adults," said Jay Sekulow, chief counsel of the ACLJ.   "We're hopeful the high court will overturn the lower court decision and restore to the FCC its proper role and authority."

In its friend-of-the-court brief filed with the high court, the ACLJ contends the FCC's policy is constitutional and its actions appropriate even if only a single expletive is uttered.  The ACLJ brief is posted online at www.aclj.org.

The ACLJ argues that the indecency policy "will allow the FCC to afford greater protection to children when they are likely to comprise a significant portion of the broadcast audience."  The ACLJ brief also contends that "it is essential that this policy be respected by broadcasters and upheld by this Court."

The ACLJ represents itself and 18 members of the U.S. House of Representatives, including:  Charles Pickering, Roscoe Bartlett, Kevin Brady, Paul Broun, Danny Davis, John Doolittle, Mary Fallin, Trent Franks, Wally Herger, Jim Jordan, Doug Lamborn, Kenny Marchant, Jeff Miller, Marilyn Musgrave, Joe Pitts, Mark Souder, Tim Walber and Dave Weldon.

The Justices will issue a decision in the case before the end of the term.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.

-30-