FCC "Fleeting Expletives" Policy Stands

(CBS/AP)  The Supreme Court on Tuesday said the government could threaten broadcasters with fines over the use of even a single curse word on live television, yet stopped short of ruling whether the policy violates the U.S. Constitution.

The court, in a 5-4 decision, refused to pass judgment on whether the Federal Communications Commission's "fleeting expletives" policy is in line with the Constitution's First Amendment guarantees of free speech. The justices said a federal appeals court should weigh the constitutionality of that policy.

The decision did, however, throw out a ruling by the 2nd U.S. Circuit Court of Appeals in New York. That court had found in favor of a Fox Television-led challenge to the FCC policy and had returned the case to the agency for a "reasoned analysis" of its tougher line on indecency.

The commission appealed to the Supreme Court instead.

Justice Antonin Scalia, writing for the court, said the FCC policy, adopted in 2004, is "neither arbitrary nor capricious."

The FCC changed its long-standing policy after it concluded that a one-free-expletive rule did not make sense in the context of keeping the air waves free of indecency when children are likely to be watching television.

The FCC's rule change was precipitated by complaints from parents after two live awards broadcasts in which Cher and Nicole Ritchie uttered (either by accident or on purpose) what the opinion describes as the "F-word" and the "S-word."

Under the new FCC rule, some words are so offensive that they always evoke sexual or excretory images. So-called "fleeting expletives" were not treated as indecent before then.

In its last major broadcast indecency case, the court ruled 30 years ago that the FCC could keep curse words off the airwaves between 6 a.m. and 10 p.m.


For more info:

Supreme Court Decision: FCC v. Fox Television (pdf)

[neo267-2009]

F***! (I mean Fudge.)

[ffoulkes-2009]

Several of the responders on this site are proof positive that tv and all other media's should have kept tighter reign on foul language, etc. a long time ago. You all make it seem like there is nothing wrong with swearing or filthy language. It is called propriety. Look it up.

[billpl-2009]

Can't say F--k or S--t

....but it is OK to hump a cow in a cheeze burger commercial

[legacyabq]

the point is its silly to act so squeky clean on TV when music and the internet are absolutely dripping with vivid pornography

[legacyabq]

It's hip hop, rap noise! I wouldn't call it music. The lyrics are extremely profane and disgusting. They get it from their friends or just buy it in a store. It's everywhere! Most parents don't have a clue how awful it is. I'm an old ex military guy and the words and ideas expressed are even shocking to me. The people that put the stuff out are only interested in the money they make. Which is lots! -oldwhiskers i think


Yeah, its true. I have to admit, some of the stuff Ive heard in rap lyrics is....unbelievable..

and I heard it on a friend's daughter's myspace page

14 years old and listening to graphic descriptions of how some guy was gonna do all this stuff to her pu$$y and all this graphic stuff.

Curse words are one things, but vivid and carnal pornography for 14 year olds is another

[krannawitter]

M0th3r F/u_cker

That one was hard. Now you can fine me :)

[legacyabq]

the "F-Word" and the "S-Word"


hmm..
is this givernment run by kindergartren teachers?

Are we not adults?

The FCC's idea of decency makes no sense..

For that matter, the idea of a word being indecent makes no sense.

A word is a word..

Christian dogma sure has this country by the balls

[krannawitter]

Shi5t, Pis5s, F/u_ck, Cun5t, ***********, *************, and Tit5s

had to try to beat the filters again on some of those :)

[krannawitter]

Shi5t, Pis5s, Fuc5k, Cun5t, ***********, *************, and Tit5s

Fine Me!

[mediastinks]

Listen To me! Do not get discouraged with the justices. Do not get discouraged with the politicians. Beat them at their own game. You can not curse on TV, but why can't you use initials such as fu . You can also use that part of the female anatomy(or male). Be creative. Ala Howerd Stern. Generally speaking if it is not a law, nothing can be done to you. Politicians and people from all walks of life use these things as such, to skate around the law. If a person ,business, or entity rubs you the wrong way have faith in the justice system. I am shure you could win a lawsuit or judgement against them no problem. It is a fine line between stupid and clever. Do not be scared. God Bless the Red White and Blue.