Supreme Court Backs FCC Dirty-Word Ban

WASHINGTON — The Supreme Court has ruled that the FCC can penalize broadcasters for airing as little as one single expletive over the air. The decision will not affect cable TV, satellite broadcasts or the Internet, none of which is transmitted over public airwaves.

In a 5-4 decision written by Justice Antonin Scalia, the court reversed a ruling by the 2nd U.S. Circuit Court of Appeals that said the FCC's decision to sanction "fleeting expletives" was arbitrary and capricious under federal law. That court decision had agreed with Fox Television stations, which broadcast the Billboard Music Awards, that such isolated utterances are not as potentially harmful to viewers as are other uses of sexual and excretory expressions long deemed "indecent" and banned by federal regulators.

"Even isolated utterances can be made in vulgar and shocking manner, and can constitute harmful first blows to children," Scalia wrote in the opinion.

Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Samuel Alito joined Scalia in the majority opinion.

Dissenting were liberal Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. In a statement by Breyer, signed by the others, they said the FCC "failed adequately to explain why it changed its indecency policy from a policy permitting a single 'fleeting use' of an expletive, to a policy that made no such exception."

The court pointed out that broadcasters can go back to the federal appeals court in New York and argue that the FCC policy violates the 1st Amendment.

The dispute followed a series of uses of forbidden words by celebrities at live broadcasts of awards shows, including Cher at the 2002 Billboard Music Awards, televised on Fox, and Bono at the 2003 Golden Globes, televised on NBC. Bono's outburst led the FCC to reverse a longstanding policy that had punished only repeated expletives and declare that a single use of certain words could be sanctioned as indecent.

The new policy was developed under FCC Chairman Kevin Martin, a George W. Bush appointee who resigned in January. With the end of Commissioner Deborah Tate's term in early January, the commission currently has two vacant seats, waiting for President Obama to make new appointments.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ricky's Room Signs Chanell Heart to 1-Year Deal

Ricky’s Room has signed Chanell Heart to a non-exclusive, multi-scene contract for one year.

Jonni Darkko Drops Evil Angel Blowbang With Jennifer White

Jennifer White stars in an Evil Angel blowbang release from director Jonni Darkko.

Ariel Demure Leads Latest From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure stars in the latest TransSensual scene, titled "My Big Cock Cummy Wedding."

Autumn Rain Fronts Latest Release From Evil Angel

Autumn Rain stars alongside Christian Wilde in the latest Evil Angel scene.

Taylor Vixxen Stars in New Elegant Angel Release

Taylor Vixxen stars with Brad Newman in a new scene from Elegant Angel, titled “Wet and MILFy.”

Octavia Red Fronts Latest From Blacked Raw

Octavia Red stars with Vixen Media Group exclusive Jason Luv in the latest release from studio imprint Blacked Raw.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Maria May Makes Her WIFEY Debut

Creator Maria May stars with her husband Jeff, Hollywood Cash, and Jamie Knoxx in the latest release from Vixen Media Group studio imprint WIFEY.

Alexis James Stars in Latest BAM Visions Scene

Alexis James stars alongside multi-XMAs winner Mick Blue in a new scene co-directed by Blue and Maestro Claudio, aka BAM Visions, from Evil Angel.

Charlotte Sins Performs Her 1st Gangbang for Adult Time

Charlotte Sins performs her first gangbang in the latest release from Adult Time.

Show More