Monday, June 4, 2007

Fleeting Expletives

In Fox Broadcasting v. FCC, the 2nd Circuit vacated the FCC's decisions to fine Fox, CBS and NBC for the use of "fleeting expletives" (when somebody on live TV or radio makes a spontaenous profane utterance) because the FCC failed to articulate a reason that wasn't arbitrary or capricious under the Administrative Procedures Act. Although legally I agree with the result in this case for primarily different reasons, doesn't it say a lot about a society that says you can't be held accountable for what you say?

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