A federal appeals court has struck down the FCC’s indecency rule regarding the broadcast of so-called “fleeting expletives,” calling it “arbitrary and capricious" and “unconstitutionally vague,” and declaring that it violates the protected right to free speech. This new ruling stems from the lawsuit filed by broadcast TV networks against the FCC in 2006, after the FCC cracked down on "unscripted expletives" uttered during awards shows and other live broadcasts. As you may recall, said unscripted expletives became subject to huge fines for the networks during that period where everyone had a big moral freakout over seeing Janet Jackson’s boob. But today a three-judge panel in the U.S. Second Circuit Court of Appeals in New York decided that the policy—which meant that networks could be responsible for up to $35 million in fines for every affiliate that accidentally broadcasts Bono saying the word “fuck”—is both unfairly defined and in violation of the First Amendment. So come on and get your cussing ya-yas out before the Supreme Court swoops in and reinstates it—like this: You should smile and fucking blow me, everybody!
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