The United States Supreme Court upheld a policy today that allows the Federal Communications Commission (FCC) to regulate and punish certain words that the government considers “indecent” when uttered on national television.
The case originated three years ago when singer Cher and actress Nicole Richie voiced expletives during the 2002 and 2003 Billboard Music Awards, respectively, which was broadcast nationally during a time that children were likely to be watching. The FCC argued that Fox, the network that aired the showing, violated “decency standards”, but no fines on the network were imposed.
The Fox network won a challenge of the ruling in a New York court of appeals. The court found the FCC ruling to be “arbitrary and capricious” and demanded a more reasoned argument from the FCC.
The Supreme Court overturned that ruling by a 5 to 4 vote largely down party lines. Conservative Justice Antonin Scalia supports the FCC’s involvement in regulating television, arguing, “…when used as an expletive, the F-word’s power to insult and offend derives from its sexual meaning.”




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