Looming Decisions

The Justice will likely be an influential player in key upcoming constitutional battles


Kennedy is the court's diehard defender of First Amendment free-speech protections--but not always. FCC v. Fox Television Stations, argued in January, considers whether the FCC's ban on "fleeting expletives," upheld in 2009 by a court majority that included Kennedy, is unconstitutionally vague. During arguments, Kennedy seemed concerned about the outcome of scrapping the indecency rules, asking the attorney arguing Fox's side, "Isn't the inevitable consequence ... that every celebrity or want-to-be celebrity that's interviewed can feel free to use one of these words? We will just expect it as a matter of course if you prevail."

Juvenile Sentencing

An outspoken...

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