• CNNMoney.com, Wednesday, November 5, 2008 10:15 AM

Is it the fault of TV networks when an actor or musician lets an F-bomb slip while accepting an award at live ceremony? In 2004, the FCC said yes, announcing it would toss out historical precedent and begin fining broadcasters for airing live, unplanned or "fleeting" expletives. But now, the Supreme Court is considering whether that ruling overreached.

So far though, the case isn't focusing on First Amendment concerns so much as procedural issues. Broadcasters argued the FCC didn't give an explanation for changing its policy on fleeting expletives in 2004. "There seems to be very little rhyme or reason why the commission says when these words are OK," said Justice Ruth Bader Ginsburg.

It's been 30 years since the court last considered a broadcast indecency case, and for years, the FCC was tolerant of unscripted dirty words that made it onto the airwaves.

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