Monday, June 27, 2011
NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - VULGAR LANGUAGE - CASE NO. 5
The Employer had a policy which prohibited the use of vulgar language. Thus, another case which I researched was FCC v. Fox Television Stations, a 2009 legal case in which the United States Supreme Court upheld regulations of the Federal Communications Commission that ban "fleeting expletives" on television broadcasts, finding they were not arbitrary and capricious under the Administrative Procedure Act. It sent the case back to lower courts to consider constitutional issues. On July 13, 2010, the Second Circuit struck down the FCC regulations on First Amendment grounds for being "unconstitutionally vague, creating a chilling effect."