attorney carter phillips represented fox television stations. patrick trueman filed a friend- of-the-court brief for focus on the family and family research county -- council. >> from the u.s. second circuit court of appeals decision this week, we now hold that the fcc's policy on indecency violates the first amendment, because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here. carter phillips, you were the lawyer for fox television station. what is the net effect of this decision on in decency? >> i think it takes the law, essentially, back to pacifica, where the supreme court said -- the carline decision -- what it basically says is you should be looking for that shock treatment, repeat statements, as a basis on which to enforced indecency. the second circuit would not have the authority to overrule what the supreme court has said. from that point forward, what the second circuit says is that what the commission has done is so vague and incomprehensible that it is not a basis