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Supreme Court Backs FCC's Profanity Policy

But justices decline to rule on ban's threat to First Amendment

By Nick McMaster,  Newser Staff

Posted Apr 28, 2009 12:51 PM CDT

(Newser) – The Supreme Court ruled today that the Federal Communications Commission may fine broadcasters for even a single utterance of a curse word, Lyle Denniston writes for SCOTUSblog. In a 5-4 decision, the court ruled that the FCC’s recent switch in policy from discouraging “dirty words” to a stringent ban on “fleeting expletives” was neither “arbitrary nor capricious.”

Justice Antonin Scalia noted that strict controls were especially needed for awards shows featuring “foul-mouthed glitteratae from Hollywood.” The decision settles only one aspect of the case—the Second Circuit Court had asked the higher court to decide the ban’s First Amendment ramifications before ruling itself. The Supreme Court, however, would only settle the smaller issue: “We see no reason to abandon our usual procedures in a rush to judgment without a lower court opinion.”

Supreme Court Associate Justice Antonin Scalia addresses a group of law students, lawyers and faculty members at the Roger Williams University law school in Bristol, RI.
Supreme Court Associate Justice Antonin Scalia addresses a group of law students, lawyers and faculty members at the Roger Williams University law school in Bristol, RI.   (AP Photo)
US Supreme Court Justice Antonin Scalia smiles at the humorous comments of Justice John Paul Stevens.
US Supreme Court Justice Antonin Scalia smiles at the humorous comments of Justice John Paul Stevens.   (AP Photo)
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Basically, the ruling simply means that the FCC provided a sufficient explanation of why it switched from a more relaxed policy on “dirty words” to a near-total ban on “fleeting expletives." - Lyle Denniston

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COMMENTS
Showing 2 of 2 comments
AnnieChrist
Apr 28, 2009 6:39 AM CDT
So the law of the land is : inciting violence against gays, muslims, and liberals is ok (ala michael savich), hate speech in general is ok (ala rush limbaugh), advocating the bombing of the NY Times, or the assassination of Bill Clinton (ala ann coulter), advocating the assassination of liberal Supreme Court Justices (ala pat robertson), are all manifestations of free speech, however if someone says 'shit' out loud, they face the full wrath and power of the fcc. What a country!
Derni
Apr 28, 2009 6:31 AM CDT
Can't wait to replace some of those ____memebrs of the Supreme court so we can enjoy the ____radio and TV! Right wing repunlicans tellinvg Americans what they can and can't do-sounds like a religious cult not a law a group of lawyers-but they can swear at each other in Congress? Somehting is wrong with hti s____picture.

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