I need to rephrase that: this is the boring story that would not die. Cher swore on TV. First it wasn’t okay; then it was okay; now it’s not okay again. I’ve culled the pertinent details (in my estimation anyway) from the USA Today story by Joan Biskupic:
“A Supreme Court ruling Tuesday that upholds a prohibition of expletive outbursts on broadcast originated with a case over an appearance by Cher at the 2002 Fox Billboard Music Awards show in Las Vegas.”
“A divided Supreme Court on Tuesday upheld a federal prohibition on the one-time use of expletives in a case arising partly from an expletive uttered by Cher at a Billboard Music Awards show in 2002. The ruling, by a 5-4 vote and written by Justice Antonin Scalia, endorsed a Bush administration Federal Communications Commission policy against isolated outbursts of, as Scalia said from the bench, the "f-word" and "s-word." The ruling does not resolve a lingering First Amendment challenge to the 2004 policy that is likely to be subject to further lower court proceedings. Tuesday's decision reversed a ruling by the U.S. Court of Appeals for the 2nd Circuit that had said the FCC's decision to sanction "fleeting expletives" was arbitrary and capricious under federal law.
[I hear “fleeting expletives” and I think of a cartoon of a sprinting “foul” word.]
That lower court had agreed with Fox Television Stations, which broadcast the Billboard awards, that such isolated utterances are not as potentially harmful to viewers as are other uses of sexual and excretory expressions long deemed "indecent" and banned by federal regulators. Dissenting were liberal Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. In a statement by Breyer, signed by the others, they said the FCC "failed adequately to explain why it changed its indecency policy from a policy permitting a single 'fleeting use' of an expletive, to a policy that made no such exception."
The policy dispute had been shrouded by partisan differences and moral overtones of what is best for young viewers.
[Yeah but what’s new?]













