WASHINGTON, April 28, 2009
FCC "Fleeting Expletives" Policy Stands
But Supreme Court Refuses To Decide Whether Fining Broadcasters For Curse Words Violates Free Speech
-
At the 2003 Billboard Music Awards, Paris Hilton warned fellow presenter Nicole Richie to "watch the bad language." In talking about their show, Richie asked the audience, "Why do they even call it ‘The Simple Life?’ Have you ever tried to get cow s--- out of a Prada purse? It’s not so f----ing simple." The FCC was not amused. (AP Photo/Joe Cavaretta)
-
Interactive The Supreme Court History, traditions and key cases, plus what it takes to get on the bench.
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:
© MMIX, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
More From U.S.
Add a Comment See all 50 Comments
- F***! (I mean Fudge.)
- Reply to this comment
- 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.
- Reply to this comment
- Censorship is the result of people too stupid to realize that they live in constant denial of reality.
- Reply to this comment
- Can't say F--k or S--t
....but it is OK to hump a cow in a cheeze burger commercial - Reply to this comment
- the point is its silly to act so squeky clean on TV when music and the internet are absolutely dripping with vivid pornography
- Reply to this comment
- 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 - Reply to this comment
- M0th3r F/u_cker
That one was hard. Now you can fine me :) - Reply to this comment
- 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 - Reply to this comment
- Shi5t, Pis5s, F/u_ck, Cun5t, ***********, *************, and Tit5s
had to try to beat the filters again on some of those :) - Reply to this comment
- Shi5t, Pis5s, *****, Cun5t, ***********, *************, and Tit5s
Fine Me! - Reply to this comment
- It is a fine line between stupid and clever. Do not be scared. God Bless the Red White and Blue.
Posted by mediastinks
***
My policy has always been that if you **** me off, I can either cuss you or kill you; your choice. - Reply to this comment
- 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.
- Reply to this comment
- Good dog didly bull-butter!
- Reply to this comment
- So I don't let them watch TV, I let them play Grand Theft Auto - San Andreas instead.
Posted by BerkeleySkirtLifter at 3:38 PM : Apr 28, 2009
Letting them practice for their future are you? - Reply to this comment
- I dont give a fat dam what the FCC, the Supreme Court, or any governmental agency has to say, as they are all either bought and paid for or simply out of touch with the reality of normal life.
That said, the difference between swearing for effect and normal everyday guttermouthed trailer-trash like the 2 bimbos in the picture above spewing forth their uneducated jargon all comes down to two simple attributes a person either possesses or doesn't:
Tact and Class - neither of which can be taught and are apparently difficult to practice for some humans. If you don't know what I'm talking about you don't possess either. - Reply to this comment
- Hey, you know what children are listening to these days. 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! Children are being severly corrupted by this stuff. Maybe the Supreme Court justices ought to listen to some of it and see what it's like. The lyrics are posted in plain view on many internet websites so it's easy for the children to read. Many listen to this stuff everyday. It's horrible!
Posted by Oldwhiskers at 2:01 PM : Apr 28, 2009
I have heard some of the stuff the kids play. I teach Taekwondo, and we have the kids perform to music. The kids brought in their own music. I had to get a teenager help me.
He picked out most of the discs without even listening to them and told me it wouldn't even be a good idea to play them in the school at all.
I listened to ONE after classes
It was a guy shouting pornographic lyrics while banging on a garbage can with a golf club.
Yikes! - Reply to this comment
- Our Supreme Court is supremely non committal. It's almost as if they don't give an effing ess.
Posted by BerkeleySkirtLifter at 1:16 PM : Apr 28, 2009
I think it is a good thing that they are non committal. With a person Justice Scalia on the court we could get stuck with some very bad rulings.
Remember that Scalia was somehow able to reason that the phrase "cruel and unusual punishment" wouldn't apply to torture. His logic is not tortured, it is absent. - Reply to this comment
- Where the F is page 2?
Posted by winchester70 at 2:24 PM : Apr 28, 2009
CENSORED - Reply to this comment
- It's a shame. So many important things to deal with and the FCC is worried about bare breasts and cuss words. It's funny, everywhere you go (unless it's church, and I don't go) this is normal language. Profanity? The only profanity I know is two words - democrat and republican! "F bomb" indeed... The flip side of this is that when I actually want to cuss, there are no cuss words to use! Of course, there are ways to say the same thing in "normal" language. And those that don't agree can take an aeronautical fornication at a traveling perforated pastry.
- Reply to this comment
- Where the F is page 2?
- Reply to this comment
