The Supreme Court discussed on Tuesday the problem of dirty
words on television and, while justices shrouded their language in euphemisms
and avoided uttering the words, they kept under wraps how they would rule in
the dispute which will have an effect on such contents that are allowed on
broadcast TV.
The difference of opinion between the broadcast networks and
the Federal Communications Commission represents the court’s first major
broadcast indecency case in three decades.
The FCC policy under consideration was adopted some four
years ago and states that even a single use of profanity on live television is
offensive, since words may suggest sexual or excretory ideas. The words under
debate are the “F word” and the “S word.” The supposed fleeting expletives had
not been considered indecent until then.
Chief Justice John G. Roberts Jr. and Justice Antonin Scalia
explained that the commission’s policy was rational and offered it their
support. John Roberts said that either word hinted at “sexual or excretory
activity.”
“That’s what gives it its force,” he added, as quoted by The
Associated Press.
On the other hand, Justice John Paul Stevens, who seemed to
disagree with the policy, said that the “F word” did not necessarily evoke
sexual images.
Fox Television Stations and several other networks disputed
the policy after the commission singled out employment of the words used by
numerous celebrities during award programs, which ran in 2002 and 2003.
As the “F word” had no sexual connotation, a federal appeals
court in New York
rejected the ban, explaining that the FCC had not offered sufficient
clarification with regard to its policy. Although it did not issue a ruling,
the appeals court said that the policy might have been unconstitutional.
The government appealed to the Supreme Court, but its
decision is uncertain, as three justices did not express their opinions openly.
In spite of the fact that most people have access to
Internet, as well as cable and satellite television, the FCC’s policies can
only affect broadcast television and radio.
However, Solicitor General Gregory Carre, the Bush
administration’s top Supreme Court lawyer, claims that most information is
offered by broadcast TV, despite the variety of alternatives Americans benefit
from.
In addition, Gregory Carre said that authorization of
indecency could generate a society in which everything would be permitted, as
children would be able to see “Big Bird dropping the F-bomb on Sesame Street.”
Fox’s legal representative, Carter Phillips, explained that
notwithstanding the court’s decision, a significant usage of bad language was
improbable. Moreover, he said that broadcasters would not permit the use of
offensive words on TV, with the exception of unscripted live moments, which is
beyond their control. Carter Phillips asked the justices to rule the policy as
an unconstitutional constraint on the network’s free speech privileges.