Appeals Court Indecency Ruling May Take Weeks, Say Sources
The FCC and broadcasters, fighting in court on indecency, may have to wait weeks for the 2nd U.S. Appeals Court, N.Y., to rule on a Commission request for the court to send the agency back a network challenge to an indecency order, said people close to the case. The FCC sought but didn’t get voluntary remand by July 12 (CD July 6 p9). “The realities of court administration have intruded” in the timing, said a lawyer involved in the case. Also wanting a quick resolution, broadcasters back the FCC request for speedy action, lawyers said.
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The lag probably will continue, because of an FCC request for oral arguments, said attorneys in the case.
“Having an oral argument in most circuits would be very odd,” said a broadcast lawyer. A counterpart agreed: “It would be very unusual to have an argument on a motion. But I think the 2nd Circuit does do it in some cases.” A court aide declined to comment, as did FCC Gen. Counsel Sam Feder.
The court hasn’t indicated when it might rule on the FCC request in Fox v FCC, several lawyers told us. That silence makes it hard to handicap the outcome’s timing, they said. The issue “has to work its way through the court’s process,” said a lawyer involved in the case, describing it as “opaque.”
According to lawyers, the judges could: (1) Set a date for oral arguments. (2) Grant the FCC request, (3) Rule against the FCC, as Fox, CBS and other broadcasters want. Several lawyers said the court probably will defer to the FCC and approve the stay. If so, after considering broadcaster responses to indecency complaints, the FCC is expected to reaffirm March findings that 4 TV shows contained racy content (CD July 7 p3).