But the Supreme Court sidestepped ruling on whether the FCC policy is unconstitutional. So the result is that the networks are still going to have to control even the fleeting curse word on live television. (Isn’t that why there’s a 3-second delay available?) According to news reports, the 5-4 Supreme Court ruling effectively throws out the June 2007 decision by the 2nd Circuit Court of Appeals in New York. That court sided with Fox Broadcasting that the FCC’s indecency policy was “arbitrary and capricious” when the network received fines for Nicole Richie and Cher swearing during the 2002 and 2003 live telecasts of the Billboard Music Awards. Now Fox wants a ruling on the FCC policy’s constitutionality.
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