EXPLAINING CHANGE AND RETHINKING DIRTY WORDS: FCC v. FOX TELEVISION STATIONS, INC
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Everybody curses these days, including President Bush. 1 Does that mean that it is no longer reasonable to consider television programs that include the "F-Word" 2 indecent?The Supreme Court faces that quandary in FCC v. Fox Television Stations, Inc. 3 The FCC has declared "fleeting and isolated" utterances of the words "fuck" and "shit" indecent, 4 and is fighting to keep its new fleeting-expletives policy in place after the Second Circuit Court of Appeals struck it down. 5 The Second Circuit rejected the FCC's new policy on administrative law grounds: it held that the FCC had not provided a reasoned explanation for changing its fleeting-expletives policy. 6 The Supreme Court must now decide whether the FCC could reasonably conclude that non-literal uses of the F-Word are offensive enough to be indecent.To make that decision, the Court will need to clarify confusion about the leeway agencies have under the * 2010
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Everybody curses these days, including President Bush. 1 Does that mean that it is no longer reasonable to consider television programs that include the "F-Word" 2 indecent?The Supreme Court faces that quandary in FCC v. Fox Television Stations, Inc. 3 The FCC has declared "fleeting and isolated" utterances of the words "fuck" and "shit" indecent, 4 and is fighting to keep its new fleeting-expletives policy in place after the Second Circuit Court of Appeals struck it down. 5 The Second Circuit rejected the FCC's new policy on administrative law grounds: it held that the FCC had not provided a reasoned explanation for changing its fleeting-expletives policy. 6 The Supreme Court must now decide whether the FCC could reasonably conclude that non-literal uses of the F-Word are offensive enough to be indecent.To make that decision, the Court will need to clarify confusion about the leeway agencies have under the * 2010
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