FCC Defends 'Fleeting Expletives' Decision In Court (Again)

The FCC has filed reply comments in the "fleeting expletives" indecency case before the U.S. Court of Appeals for the Second Circuit, defending its determination that the words uttered by CHER and NICOLE RICHIE on FOX telecasts of the BILLBOARD MUSIC AWARDS were indecent and claiming that in light of the Supreme Court ruling in the case, "FOX is left with no basis for challenging the Commission's determination that the broadcasts violated longstanding federal prohibitions against broadcasting indecent material." 

The Commission's comments reiterated the FCC's longstanding position that broadcasting's pervasive nature and unique accessibility to children justify regulating the content, adding that broadcasters get their spectrum space for free and dismissing the import of FOX's intent or lack of same in airing the words.

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