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Supremes to Weigh On-Air Swearing

Fox battles the FCC in next big court case

By Kevin Spak,  Newser Staff

Posted Mar 17, 2008 1:11 PM CDT

(Newser) – 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.

Cher is seen in this June 15, 2006 file photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.
Cher is seen in this June 15, 2006 file photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.   (AP Photo/Dennis Cook, File)
The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.
The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.   (Shutterstock.com)
Nicole Richie poses in this April 9, 2007 file photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.
Nicole Richie poses in this April 9, 2007 file photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.   (AP Photo/Damian Dovarganes, File)
The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.
The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.   (Shutterstock.com)
Bono of U2, is shown in this March 14, 2002, photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.
Bono of U2, is shown in this March 14, 2002, photo. The Supreme Court has stepped into a legal fight between the television networks and the FCC over the use of curse words on the airwaves.   (AP Photo/Ron Edmonds, File)
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FCC Okays Nudity On TV If It's Alyson Hannigan   (TheOnion (YouTube))
Penn and Teller - The FCC   (Sidewinder77 (YouTube))

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