Whether the FCC's censorship of "indecent" speech on broadcast radio and television is unconstitutional?
Under the FCC's current rules, even fleeting expletives and fleeting nudity are prohibited on broadcast radio and television. A violation of that rule can lead to substantial fines. The FCC's enforcement of that rule has been inconsistent and uncertain, however, leading to arbitrary enforcement by the agency and self-censorship by broadcasters. The ACLU therefore argues that the rule is unconstitutional and should be struck down.