FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 04/28/09

ADMINISTRATIVE LAW, COMMUNICATIONS LAW, ENTERTAINMENT LAW, MEDIA LAW

FCC v. Fox Tel. Stations, Inc., No. 07-582
In an appeal from an FCC order finding language used on a television broadcast indecent in violation of 18 U.S.C. section 1464, the Court of Appeals’ order vacating the agency’s order is reversed where the FCC’s action was neither arbitrary nor capricious within the meaning of the Administrative Procedure Act.
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

Cone v. Bell, No. 07-1114
In a capital habeas proceeding, the denial of Petitioner’s habeas petition is reversed where the state courts’ rejection of Petitioner’s Brady v. Maryland claim did not rest on a ground that barred federal review, and the lower courts failed to adequately consider whether the allegedly withheld evidence was material to Petitioner’s sentence.

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