TV Indecency Hearing Reaches Supreme Court

WASHINGTON: The U.S. Supreme Court is to weigh in on arguments about the Federal Communications Commission’s (FCC) policing of profanity and nudity on broadcast TV.

This is the second time in three years that the issue—regarding regulation that allows the FCC to punish broadcasters for the fleeting use of vulgar language—has been brought to the justices. The networks are looking to overturn a 1978 decision that upheld the FCC’s authority to regulate the decency of radio and TV content during prime time when children are most likely to be watching. During the Bush administration, the FCC changed its rule to allow stiff fines for even fleeting and isolated use of curse words or nudity.

Following the hearings, the court will decide whether the FCC may constitutionally enforce its policies on "fleeting expletives" and scenes of nudity, both in live and scripted TV shows. The court’s ruling, which will come in a few months, could establish important First Amendment guidelines over explicit content on the airwaves.