The Supreme Court will likely decide the indecency regs challenge by late June, with several possible scenarios. 1. The court could uphold the Second Circuit narrowly, either by a majority or by default with a split decision-only eight justices heard the case. That would be a decision that the rules, as applied to Fox and ABC, were unconstitutionally vague, rather than one finding the policy unconstitutional on its face. The FCC would then have to craft new indecency rules, which likely would be challenged again, eventually landing back with the Supreme Court, this time with all nine justices presumably able to weigh in.
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