Fleeting expletive

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A fleeting expletive is a non-scripted verbal profanity or obscenity expressed and broadcast during a live television broadcast or radio broadcast. The term appears primarily in discussions of United States broadcasting law.

Notable examples[edit]

In chronological order:

U.S. Supreme Court case[edit]

On March 17, 2008, the United States Supreme Court agreed to hear, in September 2008, a case on whether the Federal Communications Commission (FCC) is allowed to regulate the use of fleeting expletives on television broadcasts.[13][14][15][16] The parties in the case are the Fox Broadcasting Company (supported by other television networks including ABC, CBS, and NBC) and the FCC.[13][14][15][16] A federal appeals court had ruled in the favor of the networks; the Supreme Court has agreed to hear the FCC's appeal.[13][14][15][16]

In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission (FCC) fleeting expletive rule.[17] The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favor of Fox Television that the FCC had not properly followed procedures in creating the rule. In the 5-4 ruling by Justice Antonin Scalia, "the court did not definitively settle the First Amendment implications of allowing a federal agency to censor broadcasts."[18] Instead the court suggested the First Amendment issue should be raised in a Federal Appeals Court.

U.S. Second Circuit Court of Appeals[edit]

In a ruling announced July 13, 2010, the U.S. Second Circuit Court of Appeals struck down the FCC indecency policy on fleeting expletives. Calling it "unconstitutionally vague", the unanimous three judge panel found the policy could infringe upon the constitutionally protected First Amendment freedom of speech. According to the panel, the policy "created a chilling effect that goes far beyond the fleeting expletives at issue here", in part due to a lack of guidance on what content is considered offensive.[19]

Fox released a statement stating, “We have always felt that the government’s position on fleeting expletives was unconstitutional,” and, “While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through."[20]

FCC Chairman Julius Genachowski indicated the commission will be “reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”[20]

U.S. Supreme Court Ruling 2012[edit]

The Federal Communication Commission (F.C.C.) was dealt another legal blow when the U.S. Supreme Court ruled against it in throwing out fines and sanctions levied against broadcasters who violated the F.C.C. policy governing curse words and nudity on broadcast television.

The justices did not directly address the wider issue of constitutionality of the F.C.C.'s indecency policy and indicated the F.C.C. is free to modify existing policy under its regulatory mandate.[21]

See also[edit]

References[edit]

  1. ^ "Cher nailed for F-word indecency » Cherworld.com - Cher Photos, Music, Tour & Tickets". Cherworld.com. Retrieved 2013-10-08. 
  2. ^ "Justices toss out government fines over Janet Jackson Super Bowl incident - CNN.com". Articles.cnn.com. Retrieved 2013-10-08. 
  3. ^ "Court tosses FCC 'wardrobe malfunction' fine". Associated Press. 2008-07-21. Retrieved 2009-04-28. 
  4. ^ Itzkoff, Dave (September 27, 2009). "Newcomer Makes a Slip". New York Times. Retrieved 2009-09-28. "The utterance came in a sketch, which began about 12:42 a.m. on Sunday, in which Ms. Slate played the hard-living host of 'Biker Chick Chat' who interviews similarly tough-talking women." 
  5. ^ "Biden Drops the F-Bomb?". Talking Points Memo. 2010-03-23. Retrieved 2010-07-13. 
  6. ^ 11/19/11 12:11pm 11/19/11 12:11pm. "'"Ah Fuck It": Lee Corso Strikes Again', Deadspin". Deadspin.com. Retrieved 2013-10-08. 
  7. ^ ""Corso picks Cougars with F-Bomb, then Apologizes", ''Houston Chronicle'' blog". Blog.chron.com. 2011-11-19. Retrieved 2013-10-08. 
  8. ^ '"Ah Fuck It": Lee Corso Strikes Again', Deadspin
  9. ^ "Corso picks Cougars with F-Bomb, then Apologizes" Image capturing co-hosts' reaction, Houston Chronicle blog
  10. ^ {http://espn.go.com/video/clip?id=7254423 "Lee Corso Apologizes", ESPN Video
  11. ^ "Potty-mouth ref gives Dolphins-Colts crowd an earful". National Football League. 2012-11-04. Retrieved 2012-11-04. 
  12. ^ "NFL fines referee for swearing on open mic". National Football League. 2012-11-16. Retrieved 2012-11-16. 
  13. ^ a b c "US Court to Rule on TV Expletives". BBC News. 2008-03-17. Retrieved 2008-03-20. 
  14. ^ a b c Mears, Bill (2008-03-17). "High Court to Review Penalties for TV Expletives". CNN. Retrieved 2008-03-20. 
  15. ^ a b c Richey, Warren (2008-03-18). "FCC's Obscenity Rule to Get Supreme Court's Ear". Christian Science Monitor. Retrieved 2008-03-20. 
  16. ^ a b c Savage, David G. (2008-03-18). "Supreme Court to Rule on Broadcast Indecency". Los Angeles Times. Archived from the original on 2008-03-22. Retrieved 2008-03-20. 
  17. ^ Bravin, Jess (2009-04-28). "Court Upholds FCC 'Fleeting Expletive' Rule". Wall Street Journal. Retrieved 2009-04-28. 
  18. ^ The FCC Doesn't Need to Be by Peter Suderman, Reason
  19. ^ FCC Indecency Rules Struck Down by Julianne Pepitone, CNN Money
  20. ^ a b F.C.C. Indecency Policy Rejected on Appeal by Edward Wyatt, New York Times
  21. ^ [1] by James Vicini, Reuters

Further reading[edit]

External links[edit]