Fox vs. FCC, Supreme Court Is Debating the "F" Word

The case of Fox vs. the FCC entered the hallowed halls of justice on Monday, the first time the Supreme Court has reviewed indecency laws for broadcasters in 30 years. The U.S. Solicitor General, Gregory Garre, suggested that changing the rules for decency on TV could go as far as "the extreme example of Big Bird dropping the F-bomb on 'Sesame Street.'"

The debate covered expansive territory, including how the FCC had the regulated "fleeting expletives," such as when Bono used the "F" word during a live Golden Globes broadcast. The FCC rulings seems somewhat arbitrary, as it was ruled OK for war film 'Saving Private Ryan' to keep its swear words, while a PBS documentary on blues musicians received fines for indecency.

It isn't known yet how extensive the Supreme Court's ruling will go. They could go as far as a sweeping ruling under the First Amendment. The heart of the matter is the difference between how the FCC treats singular incidents of cursing as opposed to repeated uses of the words.

The Court was divided on the issue. Justice Scalia seemed in favor of the FCC, concerned about a "coarsening" of social discourse. Chief Justice Breyer opined that all uses of the word violate the regulations. Justice Ginsburg expressed that the FCC practices seemed to have no discernable reason to them, and Justice Stevens wondered if the context should be considered, particularly if the use is very funny.

The words broadcasters use on TV can have a huge impact on how people speak, and there is certainly a social responsibility involved in controlling the content that hits the airwaves. Regardless of the ruling the Supreme Court delivers, it is coming to light that the random rulings of the FCC smell like bull****, although apparently dung is not considered offensive.