Reaction To the "Fleeting Expletives" Decision

Media Law Prof Blog

From the New York Times, an article on the 2nd Circuit unanimous decision regarding the FCC's "fleeting expletives" policy

Emotive Speech and Fleeting Expletives

Media Law Prof Blog

Wat Hopkins, Virginia Tech, has published When Does F Not Mean F : FCC v. Fox Television Stations and a Call for Protecting Emotive Speech, at 64 Federal Communications Law Journal 1 (2011). Here is the abstract. The Supreme Court

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Second Circuit Strikes Down FCC’s “Fleeting Expletive” Rule

The Legal Satyricon

Broadcasters and free speech wonks scored a major victory today as the Second Circuit Court of Appeals struck down the FCC’s “fleeting expletive&# rule for chilling protected speech because the rule was unconstitutionally vauge. The fleeting expletive prohibition required broadcasters to monitor live broadcasts and censor naughty words or face fines upwards of $300k. [.]. Huzzah!

Second Circuit Strikes Down "Fleeting Expletives" Policy On Constitutional Grounds

Media Law Prof Blog

The Second Circuit has ruled in favor of Fox Broadcasting and other media and against the FCC in the "fleeting expletives" case. Said the Court, We now hold that the FCC’s policy violates the First Amendment because it is unconstitutionally

FCC Petitions For Rehearing Of Second Circuit Fox "Fleeting Expletives" Ruling

Media Law Prof Blog

The FCC has decided to appeal the 2d Circuit's ruling striking down its "fleeting expletives" policy on constitutional grounds. The agency is asking the court to reconsider its ruling, either via a three judge panel or en banc. Link to

Roberts Hearts Hanks, Expletives Included

Thompson On Hollywood

Forget the Supreme Court rebuke of Bono ; Julia Roberts was no-holds barred this week at the Film Society of Lincoln Center gala tribute to Tom Hanks. After Hanks came through for Roberts when she was feted by the American Cinematheque in 2007 , she returned the favor this week, without restraint: Tags: Julia Roberts Tom Hanks Julia Roberts Lincoln Center Gala Tom Hanks

Supreme Court Rules In Favor of FCC On Administrative Issue in "Fleeting Expletives" Case; Declines To Decide Free Speech Issue

Media Law Prof Blog

The Supreme Court has ruled in favor of the FCC in the "fleeting expletives" case, finding that the agency has power under the statute to change its prior policy without demonstrating "to a court's satisfaction that the reasons for the

Why the "S" Word, "F" Word At Oral Argument During That Fleeting Expletive Case

Media Law Prof Blog

Tony Mauro of the Blog of Legal Times passes on this tidbit from the Fox v. FCC oral arguments of a few weeks back. Justice Ruth Bader Ginsburg reviewed the case, as well as some other things, at an appearance

13 Years Ago at the Last Houston Super Bowl – Janet Jackson’s Impact on FCC Indecency Rules

Broadcast Law Blog

The Super Bowl incident, as well as various other instances of “fleeting expletives” that slipped out during TV awards shows, led to numerous FCC fines in the early 2000s, and a long string of court appeals thereafter. Indecency FCC indecency rules fleeting expletive Janet Jackson case wardrobe malfunction

Comments Due May 20 on FCC Inquiry on Indecency Rules

Broadcast Law Blog

As we wrote in our article two weeks ago, the FCC is asking for comments on whether it should formally adopt a probation on “fleeting expletives” (though, according to an article published over the weekend, even the FCC''s Chairman recognizes that there are circumstances where some of those expletives are justified as, according to an FCC Tweet, he agreed that the use of an expletive by a Boston Red Sox player after the events of last week was understandable).

Reargument In Fox v. FCC Case Heard January 13, 2010

Media Law Prof Blog

FCC (2nd Circuit) case ("fleeting expletives") (via CSPAN Reargument in the Fox v.

Tony Mauro on the FCC v. Fox Decision

Media Law Prof Blog

The Legal Times' Tony Mauro discusses the Supreme Court's 5-4 "fleeting expletives" decision here

FCC Seeks Comments on Its Indecency Policy - How Should the Commission Enforce Its Policies After Last Year's Supreme Court Ruling?

Broadcast Law Blog

The FCC's indecency policy has been in limbo since last year's Supreme Court decision determining that the Commission's fines on broadcasters for fleeting expletives had not been adequately explained before being imposed. Should it formally adopt the policy that bans even fleeting expletives, and explain that policy to broadcasters to meet the issues that the Supreme Court raised? Indecency broadcast indecency fleeting expletive indecency complaints seven dirty words

Court of Appeals Strikes Down FCC Indecency Rules

Broadcast Law Blog

The prior Second Circuit decision had not been decided on a constitutional basis, but instead it was based on the Court's perception that the FCC had failed to justify its departure from prior FCC precedent that had excused broadcasters from liability for fleeting expletives. Tags: Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

FCC Decides to Appeal Indency Cases to Supreme Court

Broadcast Law Blog

First, it seeks review of the decision of the Court of Appeals throwing out the fleeting expletive admonitions given to Fox network stations for the broadcast of two Billboard Music Award shows that contained expletives, one by Cher and one by Nicole Richie. FCC Fines Golden Globes case Indecency NYPD Blue indecency fine billboard music awards fines fleeting expletive seven dirty words seven words that you can never say on tv

ABC 48

Further Analysis on the 2nd Circuit Decision to Invalidate the FCC's Policy on "Indecent" Broadcasts

Broadcast Law Blog

Tags: Bono FCC indecency rules Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

Fox 51

Further Analysis on the 2nd Circuit Decision to Invalidate the FCC's Policy on "Indecent" Broadcasts

Broadcast Law Blog

Tags: Bono FCC indecency rules Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

Fox 50

June 19 Comment Date on Indecency Policies - What the FCC is Not Proposing to Do, No Matter What the Internet May Say

Broadcast Law Blog

As we wrote here , the FCC’s inquiry is initially limited – principally asking for comments on the FCC’s policy on fleeting expletives – those times, usually in a live broadcast, where a single profane word or phrase slips out onto the airwaves. Indecency NYPD Blue indecency fine Supreme Court indecency decision billboard music awards fines fleeting expletive tolling agreement

Court of Appeals Strikes Down FCC Indecency Rules

Broadcast Law Blog

The prior Second Circuit decision had not been decided on a constitutional basis, but instead it was based on the Court's perception that the FCC had failed to justify its departure from prior FCC precedent that had excused broadcasters from liability for fleeting expletives. Tags: Golden Globes case Indecency broadcast indecency fleeting expletive words you can't say on TV

You are Fined Twenty Dollars for Violation of the Verbal Morality Statute.

The Legal Satyricon

Creating a well-timed and well-phrased barrage of expletives has been around since the beginning of time and those who have mastered the art should be revered as national treasures (George Carlin, rest in peace). Middleborough, Massachusetts does not share this sentiment. Frustrated malcontent Mimi Duphily was fed up with young hooligans dropping the F-bomb near [.]. ass hat First Amendment imbeciles

Broadcast Indecency Can't Hide - A Candidate for Governor, a TV Newscaster, Saturday Night Live and the Clothing Malfunction

Broadcast Law Blog

The recent well-publicized on-air slip-ups demonstrate how the fleeting expletive, which have formed the basis of a number of recent FCC cases, including the Supreme Court decision upholding the FCC's authority to decide to change its prior holdings and issue fines for such utterances (but leaving open the constitutional questions as to whether the FCC regulation is consistent with the First Amendment), can no longer hide from public examination.

Entertainment Law Update Podcast Episode 13

Gordon P. Firemark

Fleeting Expletives. FCC “fleeting expletives policy ruled unconstitutional. Second Circuit Strikes Down “Fleeting Expletives&# Policy On Constitutional Grounds. Second Circuit Strikes Down FCC’s “Fleeting Expletive” Rule « The Legal Satyricon. In this Episode: Follow Ups: Justin Bieber; Tenenbaum, Kate Plus 8 Fleeting Expletives JayZ wins A few Fair Use cases Copyrights, Trademark cases Some BIG wins for plaintiffs in profit participation suits.

Gordon P. Firemark - Untitled Article

Gordon P. Firemark

Fleeting Expletives. FCC “fleeting expletives policy ruled unconstitutional. Second Circuit Strikes Down “Fleeting Expletives&# Policy On Constitutional Grounds. Second Circuit Strikes Down FCC’s “Fleeting Expletive” Rule « The Legal Satyricon. In this Episode: Follow Ups: Justin Bieber; Tenenbaum, Kate Plus 8 Fleeting Expletives JayZ wins A few Fair Use cases Copyrights, Trademark cases Some BIG wins for plaintiffs in profit participation suits.

Broadcast Indecency Can't Hide - A Candidate for Governor, a TV Sportscaster, Saturday Night Live and the Clothing Malfunction

Broadcast Law Blog

The recent well-publicized on-air slip-ups demonstrate how the fleeting expletive, which have formed the basis of a number of recent FCC cases, including the Supreme Court decision upholding the FCC's authority to decide to change its prior holdings and issue fines for such utterances (but leaving open the constitutional questions as to whether the FCC regulation is consistent with the First Amendment), can no longer hide from public examination.

Janet Jackson Case Sent Back to Court of Appeals - Could There Be An Even Greater Impact on Broadcast Regulation?

Broadcast Law Blog

In light of the recent decision upholding the FCC's right to sanction licensees for violations of the FCC's Indecency rules for " fleeting expletives " in the Golden Globes and Billboard music awards, i.e. isolated profanity on the airwaves, the Supreme Court also remanded the Janet Jackson case to the Court of Appeals.

Podcast: Entertainment Law Update Episode 13

Current Trends

Child labor laws and the production of “Kate Plus 8″ Fleeting Expletives. Lucky Episode 13 of the Entertainment Law Update Podcast with hosts Los Angeles based film lawyer Gordon P. Firemark and Texas based music lawyer Tamera H. Bennett is available here. Gordon and I had a lot of fun this month discussing multiple topics including: Justin Bieber’s Twitter “prank&#. Judge Gertner’s recent opinion in Sony v. Tenenbaum.

FCC v. Fox Television Stations (07-582)

Entertainment Law

At issue in the case. * “fleeting expletives&# on broadcast TV. * The crux of the issue concerns a number of fleeting expletives by celebrities and indecency on television shows. Now, the US Supreme Court will weigh in on the “isolated&# use of such words — politely referred to as “fleeting expletives&# — and the power of government to clamp down on what it sees as pervasive indecent language on the public airwaves.

3 North Carolina police officers fired over racist rants - ABC News

Communications And Entertainment Law Blog

Piner said he was going to buy a new assault rifle, and soon “we are just going to go out and start slaughtering them (expletive)” Blacks. “I Piner then told Moore that he felt a civil war was needed to “wipe them off the (expletive) map.

4 Fort Lauderdale Police officers ousted after racist video.This is American as apple pie, "dumb racist police". The average IQ of a police officer is 104. - WSVN-TV - 7NEWS Miami Ft. Lauderdale News, Weather, Deco

Communications And Entertainment Law Blog

One reads, "Jimmy, what would Big Dad do to that [expletive]?" The reply: "Get that [expletive] from under the wagon and that [expletive] lover in the wagon." FORT LAUDERDALE, Fla. WSVN) -- Three Fort Lauderdale Police officers have been fired and another has resigned after an internal affairs investigation uncovered an extensive exchange of racially-insensitive material among the law enforcers.

Opinion | Tucker Carlson and White Replacement - The New York Times

Communications And Entertainment Law Blog

Tucker Carlson and White Replacement "This racist theory is rooted in white supremacist panic. April 11, 2021, 7:47 p.m.

Bring Back Buck (versus Bell, that is)

The Legal Satyricon

Some of his other greatest hits: “This ain’t (expletive) because I work at the DA’s office. You (expletives) all lie. That’s why no one likes you (expletives).”. Dan Conley is a (expletive), but he’ll get you (expletives).”. “If If (I) ever get one of (you) on the stand, (I) will lie and cheat to hurt (you) (expletives).” ( source ). Who ain’t (expletive) now, dipshit?

Washington Post: '© 2009? Wishful Thinking, Perhaps, as Backlog Mounts'

Copyrights & Campaigns

And though electronic registration is obviously the future, it isn't exactly going smoothly: "What the hell is the matter with that [expletive] software of yours?" That [expletive] told me at least four times that an error had occurred and then it stopped dead. Who sold you that [expletive] and why did you buy it?"

Major Setback for Google in EU Antitrust Settlement and a Big Oops for YouTube

Music Technology Policy

Which reminds me of an old football coach who used to say that if you [expletive]s are going to run out the freaking clock, make sure you [expletive]s keep the freaking points. DEEP THROAT. Look, forget the myths the media’s created about the White House–the truth is, these are not very bright guys, and things got out of hand. All the Presidents Men.

EU 57

FCC Proposes Fine of $325,000 in TV Indecency Case – What Prompted this Largest Fine Ever for a Single Incident?

Broadcast Law Blog

The FCC itself is trying to decide how to deal with fleeting expletives and images after the Supreme Court determined that its prior enforcement of its indecency policy did not give sufficient notice to the broadcaster of what was prohibited and what was permitted.

Ten Years After Janet Jackson’s Super Bowl Clothing Malfunction, FCC Indecency Rules Remain in Limbo

Broadcast Law Blog

This need for reexamination arose after the Supreme Court decided that the FCC’s crackdown on any indecency, even “fleeting expletives”, was not adequately explained as it departed from prior FCC policy that understood that, on occasion, mistakes happen. Last night’s Super Bowl didn’t offer much in the way of excitement on the field, as the game was seemingly over by the end of the first half.

What does the Supreme Court Indecency Decision Mean for the Long Pending License Renewal Applications?

Broadcast Law Blog

While the Supreme Court did NOT address the First Amendment issue of whether the FCC can constitutionally prohibit fleeting expletives and momentary nudity, it did find that the FCC's enforcement of those policies with regard to these particular shows violated due process, because the networks had no advance notice of them. As you know by now, last week the U.S. Supreme Court found the FCC's enforcement of its indecency policy unconstitutional in FCC v.

Trump - 'The Grand Experiment" (Video)

Digital Media Law

Their fifty-year history brought us here: Filled with whispered expletives like n *r, and queer. The Grand Experiment He said I alone can solve it all: The Mexicans will take the fall, Rapists and murderers one and all. I'll keep them out with a beautiful wall. He claimed Muslims on the Jersey Shore Cheered 9/11 with a roar. So he proposed to even the score By turning away refugees from our door. He picked off his rivals one by one With insults from his verbal gun.

Video 100

The Geist in the Hen House

Music Technology Policy

I can’t even venture a guess as to the expletives that would follow from an artist reacting to a recitation of the “we’re big so we’re right” scenario, and frankly any record company that wants to stay in business tries to avoid “policy” based negotiation responses. [Editor Charlie says: This post originally appeared February 25, 2010.].

AOL 54

How Cities Lost Control of Police Discipline

Communications And Entertainment Law Blog

He said he wanted the Charger’s driver “bad,” referring to him as an expletive. How Cities Lost Control of Police Discipline “In the chaos of 1960s Detroit, a fledgling police union laid the groundwork for a system that, to this day, constrains discipline for officers accused of misconduct.

Greene searched Capitol office building for Rep. Ocasio-Cortez, 2019 video shows. This woman is a mentally ill stalker and thug.

Communications And Entertainment Law Blog

The congressman then confronted Dyer and used an expletive, telling the aide not to tell him what to do. Greene searched Capitol office building for Rep. Ocasio-Cortez, 2019 video shows Colby Itkowitz May 14, 2021 at 5:20 p.m. EDT Rep. Marjorie Taylor Greene (R-Ga.) departs after a GOP meeting on Capitol Hill on Thursday in Washington. Jabin Botsford/The Washington Post) This woman is a mentally ill stalker and thug.

New details about Trump-McCarthy shouting match show Trump refused to call off the rioters

Communications And Entertainment Law Blog

New details about Trump-McCarthy shouting match show Trump refused to call off the rioters Washington (CNN) — In an expletive-laced phone call with House Republican leader Kevin McCarthy while the Capitol was under attack, then-President Donald Trump said the rioters cared more about the election results than McCarthy did.

CNN 40

Three Words. 70 Cases. The Tragic History of ‘I Can’t Breathe.’ The deaths of Eric Garner in New York and George Floyd in Minnesota created national outrage over the use of deadly police restraints. There were many others you didn’t hear about.

Communications And Entertainment Law Blog

I already told you earlier, I have [expletive] problems, dude.” Yeah, ’cause you’re [expletive] tired of running.” “OK, If you can talk then you obviously can [expletive] breathe,” the sign said. Who gives a [expletive]?” Three Words. 70 Cases. The Tragic History of ‘I Can’t Breathe.’ The deaths of Eric Garner in New York and George Floyd in Minnesota created national outrage over the use of deadly police restraints. There were many others you didn’t hear about.

Opinion | Ta-Nehisi Coates: The Cancellation of Colin Kaepernick - The New York Times

Communications And Entertainment Law Blog

owners, when somebody disrespects our flag to, to say, ‘Get that son of a [expletive] off the field right now,’” President Trump said in 2017. By Ta-Nehisi Coates Nov.