Bush Administration Backs FCC

Despite an appeals court ruling to the contrary, the Bush administration maintains that the Federal Communications Commission has adequately justified its new policy of leveling indecency fines on broadcasters for so-called fleeting expletives. In a brief filed Monday night with the Supreme Court, which will take up the contentious issue of broadcast indecency for the first time in 30 years during its 2008-09 session, U.S. Solicitor General Paul D. Clement argued that the 2nd Circuit Court of Appeals erred last year in ruling that the FCC had failed to adequately justify its new policy. The brief urged the high court to remand the case back to the 2nd Circuit. Clement also cautioned the Supreme Court against taking up the constitutional questions that the case implicitly raises.
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