Is the FCC’s regulation narrowly tailored to its interest in protecting children?
The FCC argues that a regulation is valid as long as it serves a substantial government interest and is narrowly tailored to further that interest. SeeReply Brief for Petitioner at 20, 25–26. Fox claims that “to be narrowly tailored, a regulation must represent the least restrictive means to address the relevant government interest.” See Brief for Respondent Fox at 46. With that in mind, Fox argues that the FCC’s change in policy is not the least restrictive means of achieving the government’s interest in protecting children from exposure to indecent language. See id. Specifically, Fox claims that the V-Chip is an “effective alternative to a content-based ban on speech.” Id. at 47. Fox states that “the V-Chip allows parents to use a standardized rating system to pre-set their televisions to block the content of programming and ensure that their children are not exposed to potentially offensive language or other content they may deem inappropriate.” Id. at 46. The FCC, however, claims t
