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Tuesday, the
Supreme Court heard a case concerning the use of indecent speech on live
television within time-frames when children are likely to be watching TV, the
legal action having been filed by the Federal Communications Commission
(FCC) against broadcasters.
Originally, the FCC only prohibited indecent speech if the use
of foul language on TV occurred more than once, but in 2004, their regulations altered,
the decision having been triggered by Bono, Cher and Nicole Richie having used profanities
during awards programs in the previous two years.
Nevertheless, last year, a New York federal appeals court overturned
the FCC’s decision, which prompted the Commission to appeal to the Supreme
Court.
Broadcast
networks such as Fox Televisions and NBC have stated that the ban on „fleeting
expletives” had violated their rights to free-speech and had also hindered the
airing of live entertainment and sports shows.
The case marks the first major legal action with regards to
indecent speech on TV or radio in thirty years, following a 1978 court ruling
that lent support to the FCC’s decision to fine a radio station for having broadcast
comedian George Carlin's „Seven Dirty Words” skit during the afternoon.
In 2004, the Commission announced that any broadcaster who
did not comply with the „fleeting expletives” ban could receive fines of over $325,000,
even if the inappropriate words had been used inadvertently during airing time.
Moreover, FCC officials deemed any use of the F-word as
having a sexual connotation, while other words are considered rife with excretory
images.
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