FCC Wins, Somewhat, on Decency Fines
In a 5-4 ruling, the U.S. Supreme Court ruled in favor of the Federal Communications Commission in its lawsuit with Fox network over the FCC's ability to fine broadcasters over the use of "fleeting" expletives.
I haven't reviewed the decision firsthand—nor am I a lawyer—but the analysis suggests that the decision, while a win for the FCC, is a limited one. The Court rejected the ruling by a Federal appeals court that the FCC had failed to adequately explain its change from an earlier enforcement policy. However, the Court made a point of not addressing the First Amendment issues related to the FCC's authority to fine fleeting swear words—e.g., the blurted f-words in live awards shows that spurred the case—and invited lower courts to send it cases that were more targeted at the First Amendment issues.
Upshot: the larger issue of what the First Amendment does and does not allow the FCC to regulate is still up in the air, and we have not heard the ____ing last of these cases.
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1
The idea that the word frak is acceptable but f*** isn't is pretty crazy if you think about it (I know one is cable, but you get the point). It's not the MEANING of the word that is offensive, but the arrangement of letters. How much more childish can you get? I've never understood that.
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2
it just how wacked out our standards have become when an excited actor can't drop an f-bomb with out a network getting fined but on last nights Heroes (SPOILER ALERT) we could watch blood pour out of nathan patrelli's recently slit throat for a solid 3 or 4 min. makes sense to me!
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3
I've always believed that our right to "free speech" was to protect our religious and political speech. "Fleeting expletives" are insignificant and unimportant. To regulate them is an excessive and unnecessary use of government force. Only the most prudish would be offended! Why would they be watching Bono in the first place?
F**k the right-wing supreme court justices! Impeach Scalia, Alito and Roberts; the most "activist" judges on the court.
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