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Fleeting expletive: Wikis

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From Wikipedia, the free encyclopedia

A fleeting expletive is a verbal profanity or visual indecency or obscenity (i.e., a fleeting moment) expressed or shown during a live television broadcast or radio broadcast.

Contents

Notable examples

In chronological order:

  • A $550,000 indecency fine by the FCC was overturned. The court determined that the FCC "acted arbitrarily and capriciously" in fining CBS for the less than one-second broadcast of a woman's breast. [1]
  • On an episode of Big Brother 10, there was a heated argument with lots of muted expletives; however, one went through in the sentence "Memphis was in the fucking room".
  • Jenny Slate said "and I fucking love you for that" during a parody of a talk show by biker women. It was her first appearances as a player on Saturday Night Live.[2]

Supreme Court case

On March 17, 2008, the United States Supreme Court agreed to hear, in September 2008, a case on whether the Federal Communications Commission (FCC) is allowed to regulate the use of fleeting expletives on television broadcasts.[3][4][5][6] The parties in the case are the Fox Broadcasting Company (supported by other television networks including ABC, CBS, and NBC) and the FCC.[3][4][5][6] A federal appeals court had ruled in the favor of the networks; the Supreme Court has agreed to hear the FCC's appeal.[3][4][5][6]

In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission (FCC) fleeting expletive rule. [7] The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favour of Fox Television that the FCC had not properly followed procedures in creating the rule. In the 5-4 ruling Justice Antonin Scalia did not address the First Amendment constitutional issue - which would question the FCC's ability to regulate such speech. Instead the court suggested the First Amendment issue should be raised in a Federal Appeals Court.

References

Sources

  • 2004, 13 CommLaw Conspectus 135, 9772 words, COMMENT: What the # & is Happening on Television? Indecency in Broadcasting, Treasa Chidester
  • November, 2007, 29 Cardozo L. Rev. 891, 14833 words, NOTE: SILENCED: THE SEARCH FOR A LEGALLY ACCOUNTABLE CENSOR AND WHY SANITIZATION OF THE BROADCAST AIRWAVES IS MONOPOLIZATION, Matthew S. Schneider

External links

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