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Fox Tells High Court FCC Overstepped With Indecency Fine
Dow Jones

WASHINGTON -(Dow Jones)- Fox Television Stations Inc. told the Supreme Court Friday that the Federal Communications Commission abandoned careful enforcement of indecency standards when it slapped the company with a fine for celebrities who cursed during two separate airings of the "Billboard Music Awards."

In a brief filed to the high court, Fox said the FCC departed from established legal precedent when it issued its enforcement order.

The FCC last year lodged an appeal with the Supreme Court asking it to review an appellate court decision overturning its action against Fox. The justices will hear oral arguments in the case in the fall.

"The FCC is not applying any predictable or even discernible standards but rather is picking and choosing which of these mainstream shows to punish based on wholly subjective notions of what is 'patently offensive,'" Fox's brief said.

Fox noted that the FCC has said "fleeting utterances" - such as the unexpected curses from celebrities - didn't require sanctions.

Fox is owned by News Corp. (NWS), which also owns Dow Jones, publisher of this newswire.

-By Fawn Johnson, Dow Jones Newswires; 202-862-9263; fawn.johnson@dowjones.com

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  (END) Dow Jones Newswires
  08-01-08 1940ET
  Copyright (c) 2008 Dow Jones & Company, Inc.
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