• by Jack Myers , June 8, 2007

This week, the U.S. Second Circuit Court of Appeals overruled the Federal Communications Commission decision that Fox was guilty of indecency for the utterance of two expletives in live programming.

The Center for Creative Voices in Media applauded the ruling, commenting "these overly broad and arbitrary Commission decisions put creative, challenging, controversial, non-homogenized broadcast television programming at risk. In many cases, the very kinds of television programs that parents want their children to watch -- high quality documentaries, histories, and dramas -- were affected."

FCC Chairman Kevin Martin responded cleverly: "Today, the Second Circuit Court of Appeals in New York said the use of the words 'fuck' and 'shit' by Cher and Nicole Richie was not indecent. I completely disagree with the Court's ruling and am disappointed for American families. I find it hard to believe that the New York court would tell American families that 'shit' and 'fuck' are fine to say on broadcast television during the hours when children are most likely to be in the audience. The court even says the Commission is 'divorced from reality.' It is the New York court, not the Commission, that is divorced from reality in concluding that the word 'fuck' does not invoke a sexual connotation. These words were used in prime time, when children were watching."

During the 2002 Billboard Music Awards, Cher made the following comment: "I've had unbelievable support in my life, and I've worked really hard. I've had great people to work with. Oh, yeah, you know what? I've also had critics for the last 40 years saying that I was on my way out every year. Right. So fuck 'em. I still have a job and they don't."

During the 2003 Billboard Music Awards, Paris Hilton and Nicole Richie took part in the following exchange:

Paris Hilton: "Now, Nicole, remember, this is a live show, watch the bad language"
Nicole Richie: "Okay, God."
Paris Hilton: "It feels so good to be standing here tonight."
Nicole Richie: "Yeah, instead of standing in mud and [audio blocked]. Why do they even call it 'The Simple Life'? Have you ever tried to get cow shit out of a Prada purse? It's not so fucking simple."

The Court's opinion stated: "The FCC's decision, however, is devoid of any evidence that suggests a fleeting expletive is harmful, let alone establishes that this harm is serious enough to warrant government regulation. Such evidence would seem to be particularly relevant today when children likely hear this language far more often from other sources than they did in the 1970s when the Commission first began sanctioning indecent speech."

The TV Watch Coalition added to the debate: "Today's decision by the Court increases the importance of Congress considering content-neutral solutions to give parents more tools and consumers generally more control and choice over programming coming into their homes. By allowing them to choose the channels that come into their homes, Congress could deliver real power to American families. Permitting parents to have more choice in the channels they receive may prove to be the best solution to content concerns. All of the potential versions of a la carte would avoid government regulation of content while enabling consumers, including parents, to receive only the programming they want and believe to be appropriate for their families. Providing consumers more choice would avoid the First Amendment concerns of content regulation, while providing real options for Americans."

Adding the issue of a la carte opens up a completely new can of worms -- perhaps it's a solution to parents' needs, but is it economically viable?

Lots of food for thought here. What's your opinion on the issue of fleeting expletives uttered on live TV, and what solutions do you propose to better meet the need for parental controls?