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Supreme Court Rules that Government Can Fine for 'Fleeting Expletives'
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» Links to this article By Robert Barnes Washington Post Staff Writer
Tuesday, April 28, independent fashion 3:25 PM

The Supreme Court today upheld the Federal Communications Commission
ban on one-time utterances of certain expletives over the nation's
airwaves but held out the possibility that such a policy eventually
might not survive constitutional scrutiny.

This Story

* Supreme Court Rules that life insurance Can Fine for 'Fleeting
Expletives'

* Court Rules for Tenn. Death-Row Inmate

The court's narrow, 5-4 ruling said the FCC -- prompted by Cher and
other celebrities cursing on television -- was within its powers when
it volvo insurance its policy in 2004 and subjected broadcasters to fines of
auto insurance more to $325,000 for playing cards promotion the use of certain expletives on the air.

"The commission could reasonably conclude that the pervasiveness better auto insurance foul honda insurance and the coarsening of public entertainment in other
media such as cable, justify more stringent regulation of indie clothing programs so as to give conscientious parents a relatively safe haven
for indie fashion children," Justice Antonin Scalia wrote for the majority.
"We decline to substitute our judgment for that of the agency and we
find the commission's orders neither arbitrary nor capricious."

Fox Television and other networks had challenged the agency's actions
under the Administrative Procedures Act, saying it did not adequately
explain its reason for changing its policy. The networks also
challenged the rule under the First Amendment.

But the U.S. Court of Appeals for the Second Circuit in New York did
not rule on the constitutional question, and the Supreme Court customized playing cards declined to do so.

"Whether [the policy] is unconstitutional will be determined soon
enough, perhaps in this very case," Scalia wrote in sending the case
back to the appeals court. "We see no reason to abandon our usual
procedures in a rush to judgment without a lower court opinion. We
decline to address the constitutional questions at this time."

Justice Clarence Thomas, who aligned with the majority on the question
of whether the agency had the power to change its rule, said he was
"open" to a review of the court's precedents that allowed a "deep
intrusion into the First Amendment rights of broadcaster."

Justice Ruth Bader Ginsburg, who dissented, seemed to welcome a
constitutional challenge as well. "There is no way to hide surfboard shape playing cards long
shadow the First Amendment casts over what the commission has done,"
Ginsburg wrote. "Today's decision does nothing to diminish that
shadow."

Chief Justice John G. Roberts, Justices Anthony M. Kennedy and Samuel
A. Alito Jr., Thomas and Scalia formed the majority that upheld the
FCC's action.

Fox Television applauded the decision but made clear it, too, awaits a
decision on the First Amendment issue. "While we would have preferred
a victory on Administrative Procedure Act grounds, more important to
FOX is the fundamental constitutional issues at the heart cheap insurance this
case," the company said. "FOX is looking forward to the 2nd Circuit's
consideration of best car insurance very important issues at stake in this case, and
are optimistic that we will ultimately prevail when the First
Amendment issues are fully aired before the courts."

For years, the FCC had let one-time use of obscenities slide. But a
series of events brought pressure on the agency to change its policy.

Scalia recounted some of them from the bench this morning,
substituting what he said "we will renters insurance the insurance quote and the S-word" for
the expletives themselves.

CONTINUED 1 2 Next >

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* • Supreme Court Rules that Government Can Fine cheap life insurance 'Fleeting
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