Four Justices will need to support the FCC for it to get its appeal heard. In June, the U.S. Court of Appeals for the 2nd Circuit ruled that an FCC move to start fining fleeting indecency was invalid
because regulators failed to justify their abandonment of an approach which had focused only on the repetitive broadcast of "indecent" material. Fox Television Stations, CBS Broadcasting Inc., ABC,
Inc., and NBC Universal all filed briefs asking the High Court to reject the case and force the FCC to address the lower court's opinion.
The agency changed its policy in 2004, holding that pop star Bono's use of "fucking brilliant" was indecent during NBC's live coverage of the 2003 Golden Globe awards. It also went after Fox's live coverage of the 2002 and 2003 Billboard Music Awards when similar language was also used. Neither net was fined for the incidents.
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