The Supreme Court ruled narrowly Tuesday in favor of a government policy that threatens broadcasters with fines over the use of even a single curse word on live television, yet stopped short of deciding whether the policy violates the Constitution.
In six separate opinions totalling 69 pages, the justices signaled serious concerns about the constitutionality of the Federal Communications Commission's "fleeting expletives" policy, but called on a federal appeals court to weigh whether it violates First Amendment guarantees of free speech.
By a 5-4 vote, however, the court did 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."
Acting FCC Chairman Michael Copps called the decision "a big win for America's families." Copps said the "decision should reassure parents that their children can still be protected from indecent material on the nation's airwaves. "
Fox expressed disappointment with the decision, but said it is "optimistic that we will ultimately prevail when the First Amendment issues are fully aired before the courts."
In six separate opinions totalling 69 pages, the justices signaled serious concerns about the constitutionality of the Federal Communications Commission's "fleeting expletives" policy, but called on a federal appeals court to weigh whether it violates First Amendment guarantees of free speech.
By a 5-4 vote, however, the court did 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."
Acting FCC Chairman Michael Copps called the decision "a big win for America's families." Copps said the "decision should reassure parents that their children can still be protected from indecent material on the nation's airwaves. "
Fox expressed disappointment with the decision, but said it is "optimistic that we will ultimately prevail when the First Amendment issues are fully aired before the courts."
I find it amusing that Fox is leading the charge for the right to use potty language over the airwaves.
And now, because no such rules apply on the "intertubes", we present Mr. Steve Earle and his NSFW rendition -
Also, he's on tour again, and we'll be checking out his show when he comes to NJ.
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