FCC v. Fox Television Stations, Inc. (2012)/Concurrence Ginsburg

by by Ruth Bader Ginsburg

United States Supreme Court

567 U.S. 239

Federal Communications Commission  v.  Fox Television Stations, Inc.

 Argued: January 10, 2012 --- Decided: June 21, 2012

JUSTICE GINSBURG, concurring in the judgment.

In my view, the Court’s decision in FCC v. Pacifica Foundation, 438 U. S. 726 (1978), was wrong when it issued. Time, technological advances, and the Commission’s untenable rulings in the cases now before the Court show why Pacifica bears reconsideration. Cf. FCC v. Fox Television Stations, Inc., 556 U. S. 502, 532–535 (2009)

(THOMAS, J., concurring).