The Supreme Court might take up a gavel in one hand and a bar of soap in the other next term, when it considers a case challenging the FCC’s “fleeting utterances” standards, it announced today. The FCC is appealing a lower-court ruling—which arose when Cher dropped an F-bomb during a 2002 Fox broadcast—that it has failed to “articulate a reasoned basis” for the rules.
No fines were handed down, but Fox objected anyway, and took the case to court. The FCC contends that the lower-court ruling, which also casts doubt on the constitutionality of the indecency rules, is inconsistent with past Supreme Court decisions. The case would also have implications for CBS, which is in appeals over the Janet Jackson incident on the Super Bowl.