The fleeting expletive - the subject of much wrangling in recent years in State and Federal courthouses - has gone by way of the proverbial dinosaur.
On basic Constitutional issues, the 2nd Court of Appeals, gave a thumbs down to a vague policy crafted by the FCC which sought to establish across the board that profane references to sex and excretement - though not always icky to a handful of liberated Americans blessed with sick senses of humor - are always indecent.
"By prohibiting all 'patently offensive' references to sex, sexual organs, and excretement without giving adequate guidance to what 'patently offensive' means, the FCC chills speech, because broadcasters have no way of knowing what the FCC will find offensive," the wiggy Justices concluded in their opinion on the matter.
Some things are common sense, aren't they?
For example, it's never a promising (wise) idea to shit where 'ya sleep!
Nonetheless, the Justices are bound by tradition - and the still potent U.S. Constitution - to lay down a solid foundation so the "people" are not led astray.
In fact, in this instant scenario, the posse of bench-warmers in the Manhattan Appeals Court confessed from their lofty pulpits that the FCC might be able to pull it off.
Back to square (and I do mean square) one!
Bono fans may recall that the "fleeting expletives" policy was swiftly made "Law" at the FCC on the heels of an impromptu comment - "fuc*ing brilliant" - uttered up by the U2 front-man on stage at the Golden Globe Award Ceremonies (2003).
According to the FCC, the "F" bomb in any context inherently hints at a sexual connotation, which renders it a "no-no" to be skirted at all cost.
To no avail, now.
Julius Genachowski - FCC Chairman - noted that the Government watch dog is reviewing the ruling to determine whether to pursue the prickly issues further.
"We're reviewing the court's decision in light of our commitment to protect children, empower parents, and uphold the 1st Amendment."
I'm really not such a prude, but, Amen!
http://www.julianayrs.com/
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