Supreme Court Upholds FCC Fines for "Fleeting Expletitives" on Networks

The Supreme Court ruled on Tuesday in favor of FCC fines levied at networks over so-called "fleeting expletitives," in particular banned words used by Cher and Nicole Richie at awards telecasts on Fox.

But the court, crucially, did not take on the more broad constitutional issue the case brought up—whether the FCC has the right to restrict speech on networks in the first place. According to Variety, the networks specifically tailored their case to cover only "procedural issues" because they worried that the right-leaning court might rule against them in a more broad challenge. (Sure enough, the decision was 5-4, with the traditional swing vote, Justice Anthony Kennedy, siding with the conservatives.)

The case also included strong language on NYPD Blue and a comment on The Early Show several years ago, which brought the support of other networks to Fox's case. Cable networks were unaffected by Tuesday's decision.

Dispatches from Variety and The New York Times emphaized the limitations of the ruling and suggested that a larger, more decisive battle over indecency standards is on the way.

Related links:
YouTube: Watch the remarks by Cher
Variety: Read the full text of the ruling
FFC.gov

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