Supreme Court rules FCC can regulate ‘fleeting expletives’
Published: April 28, 2009
WASHINGTON — The Supreme Court today 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 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 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 precipitating events were live broadcasts of awards shows in which celebrities let slip or perhaps purposely said variations of the F-word and 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.
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Reader Reactions
“Someone is going to have to explain to me why we need to say “the seven dirty words.“ Can we not live in society without them? I can. Can’t others? Yelling FIRE! in a crowded theater is not considered free speech. Why must we now consider words that have no meaning other than denigration to be free speech? The Supreme Court appears to agree.“
From the article:
“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 First Amendment guarantees of free speech. The justices said a federal appeals court should weigh the constitutionality of that policy.“
As a lawyer, James, you should really understand the difference between ruling on a case and referring it back down to a court of lower jurisdiction, thus REFUSING to rule on a case. You wouldn’t know if they agreed with you, because they didn’t give an opinion.
That aside, I’m glad we live in a free country, where people are allowed to decide for themselves what they and their children watch on TV. I’m glad that we don’t live in a nation governed by the teachings of one religion, where we can decide for ourselves which moral code we choose to subscribe to as long as we don’t harm others. Yes, indeed… it’s good to be an American and to know what liberty means.
Guido… turn on any award show that features the Hollywood elitists. Of for that matter, MSNBC. It seems now that if you don’t make some foul-mouthed political statement you’re frowned upon. If a young woman who happens to believe in the teachings of Jesus Christ admits that she frowns on homosexuality, does she deserve a slanderous attack from the Hollywood elites! Why does she deserve to have such foul-mouthed reparte directed at her for her beliefs?
Someone is going to have to explain to me why we need to say “the seven dirty words.“ Can we not live in society without them? I can. Can’t others? Yelling FIRE! in a crowded theater is not considered free speech. Why must we now consider words that have no meaning other than denigration to be free speech? The Supreme Court appears to agree.
Dave got it right. I don’t watch most network TV programs when my kids are awake. Discovery, Food Network and Disney are favorites in my house.
“The Supremes usually get it right and they certainly did here. So-called “fleeting” expletives are rarely fleeting on award shows or live events where the Hollywood elite refuse to follow the law and try to make themselves stand out by being a nuisance.“
James, I’m trying to figure out what world you live in. Can you cite your assertion that these profane events are not rare? I agree with your free-market stances in other articles. However, I think you’re off-base here. Legislation of morality is anything but a conservative platform, regardless of what the GOP tells you.
james: There’s a better way to censor the airwaves. Change the channel or better yet turn off the tv. One man’s fleeting expletive is another man’s principled political statement. I don’t believe that, but enough do to make the ACLU crawl out of its hole and make trouble. Want to make a hero out of some goof’s obscenity-laced screed? Sue them for ‘fleeting expletives’. Ignoring them drives them nuts. I can say ‘nuts’ can’t I?
Wow, the same guy who spouts off every day about the socialism and the erosion of personal freedoms illustrates the hypocrisy of the modern “consevative”.
No, no, no… the government should NEVER tell you what to do with your money, except if you say a swear… then you should have to fork over your money to the feds.
Government controlling your money = BAD
Government controlling your words/your body/your medical decisions = RIGHT ON, Government!
The Supremes usually get it right and they certainly did here. So-called “fleeting” expletives are rarely fleeting on award shows or live events where the Hollywood elite refuse to follow the law and try to make themselves stand out by being a nuisance. The Supremes have now ruled that the networks better keep the Hollywood elites in line or they will pay fines. It’s a good ruling. Those spoiled little egomaniacal brats in Hollywood think they own the world. I can’t wait for the first lawsuit where a network sues a brat for language purposely used during a live broadcast to get their fine money back.
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