FEDERAL COMMUNICATIONS COMMISSION, et al., PETITIONERS v. ABC, INC., et al.

On writ of certiorari to the united states court of appeals for the second circuit

[June 21, 2012]

Justice Ginsburg, concurring in the judgment:clubjuris

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 –535 (2009) (Thomas, J., concurring).