Tuesday, January 10, 2012

Are Fleeting Expletives Protected under the First Amendment?

We will soon find out. The Supreme Court heard arguments today in FCC v Fox about whether the FCC can punish broadcasters for fleeting expletives - or brief nudity, or whether the rules allowing for such punishment are either a violation of free speech, or too vague.

From the USA Today:

The case arises from Federal Communications Commission findings against expletives uttered by Cher and by Nicole Richie at Fox Television's Billboard Awards and a brief shot of a woman's buttocks on ABC's NYPD Blue.

Broadcasters say the FCC policy is unconstitutionally vague and violates free speech rights. Fox Television Stations, going further than ABC in its arguments, has asked the high court to abandon a longtime rule that allows more government regulation of broadcast, compared with cable TV, because of the scarcity of the airwaves and the pervasiveness of broadcast TV and radio.