Supreme Court Hears FCC Fine Case on 'Fleeting Expletives'

[Miss Mia]

Supreme Court Hears FCC Fine Case on 'Fleeting Expletives'

WASHINGTON -- Expletives were notably missing at the Supreme Court Tuesday as the justices heard a case involving the federal government's attempts to keep dirty words off of U.S. airwaves.

The court is considering whether the Federal Communications Commission overreached in 2004 when it announced it would toss out historical precedent and begin fining broadcasters for airing live, unplanned or "fleeting" expletives.

Broadcasters want to be free to air expletives at will, said U.S. Solicitor General Gregory Garre, who had the court laughing with an example of "Big Bird dropping the f-bomb on Sesame Street."

The justices mostly avoided First Amendment issues raised by the case Tuesday to focus instead on administrative procedures. Broadcasters argued the agency didn't give a reasoned explanation for changing its policy on fleeting expletives in 2004.

The case, FCC v. Fox Television, raises questions of whether the FCC is infringing on broadcasters' free speech rights, but more broadly looks at the way the agency announced its policy change and implemented it. Fox Television attorney Carter Phillips used the f-word 30 times in the company's brief, along with 23 uses of another expletive. However, like the other attorneys and the justices, he didn't use any obscene words in court.

"There seems to be very little rhyme or reason why the commission says when these words are okay," said Justice Ruth Bader Ginsburg, while questioning the government's attorney on how the FCC determined words were indecent.

-snip-

Interesting article.

[DumbAss Tanker]

The Court will normally seek the easy way out on this stuff, not deciding more than they have to in order to dispose of the case at hand, which explains their focus on FCC's Administrative Procedures Act compliance in promulgating the rule in issue.  Myself, I would prefer to see the FCC's ears pinned back on this one.

[Chris_]

The Court will normally seek the easy way out on this stuff, not deciding more than they have to in order to dispose of the case at hand, which explains their focus on FCC's Administrative Procedures Act compliance in promulgating the rule in issue.  Myself, I would prefer to see the the mutherf*ckin' FCC's f*cking c*nt-lookin' ears pinned back to their asses on this one.

fixd ;)

[Ralph Wiggum]

Too bad George Carlin isn't around to watch this case unfold.