Fleeting expletive
Encyclopedia
A fleeting expletive is a non-scripted verbal profanity
or obscenity
expressed and broadcast during a live
television broadcast or radio broadcast. The term appears primarily in discussions of United States broadcasting
law.
(FCC) is allowed to regulate the use of fleeting expletives on television broadcasts. The parties in the case are the Fox Broadcasting Company
(supported by other television network
s including ABC
, CBS
, and NBC
) and the FCC. A federal appeals court had ruled in the favor of the networks; the Supreme Court has agreed to hear the FCC's appeal.
In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission
(FCC) fleeting expletive rule. The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favor of Fox Television that the FCC had not properly followed procedures in creating the rule. In the 5-4 ruling by Justice Antonin Scalia
, "the court did not definitively settle the First Amendment
implications of allowing a federal agency to censor
broadcasts." Instead the court suggested the First Amendment issue should be raised in a Federal Appeals Court.
freedom of speech
. According to the panel, the policy "created a chilling effect that goes far beyond the fleeting expletives at issue here", in part due to a lack of guidance on what content is considered offensive.
Fox released a statement stating, “We have always felt that the government’s position on fleeting expletives was unconstitutional,” and, “While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through."
FCC Chairman Julius Genachowski
indicated the commission will be, “reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”"
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
or obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
expressed and broadcast during a live
Live television
Live television refers to a television production broadcast in real-time, as events happen, in the present. From the early days of television until about 1958, live television was used heavily, except for filmed shows such as I Love Lucy and Gunsmoke. Video tape did not exist until 1957...
television broadcast or radio broadcast. The term appears primarily in discussions of United States broadcasting
Broadcasting
Broadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
law.
Notable examples
In chronological order:- During the January 2003 Golden Globe Awards, BonoBonoPaul David Hewson , most commonly known by his stage name Bono , is an Irish singer, musician, and humanitarian best known for being the main vocalist of the Dublin-based rock band U2. Bono was born and raised in Dublin, Ireland, and attended Mount Temple Comprehensive School where he met his...
accepted an award exclaiming, "This is really, really, fuckFuck"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
ing brilliant." - At the December 2003 Billboard Music Awards, Nicole RichieNicole RichieNicole Camille Richie is an American fashion designer, author, actress, singer and television personality. Her father was Peter Michael Escovedo, a musician who played for a brief time with Lionel Richie, and her mother Karen was the executive assistant for Sheila Escovedo...
said, "Have you ever tried to get cowshit out of a PradaPradaPrada S.p.A. is an Italian fashion label specializing in luxury goods for men and women , founded by Mario Prada.-Foundations:...
purse? It's not so fuckFuck"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
ing simple."
- On an episode of Big Brother 10Big Brother 10Big Brother 10 may refer to:* Big Brother Germany , the 2010 edition of the Germany version of Big Brother.* Big Brother 2009 , the 2009 edition of the United Kingdom version of Big Brother....
, there was a heated argument with lots of muted expletives; however, one went through in the sentence "Memphis was in the fucking room". - Jenny SlateJenny SlateJenny Slate is an American actor and comedian best known as a cast member on Saturday Night Live from 2009–2010 and for her recurring role as Stella on the HBO comedy series Bored to Death.-Early life:...
said "and I fucking love you for that" during a parody of a talk show by biker women. It was her first appearances as a player on Saturday Night LiveSaturday Night LiveSaturday Night Live is a live American late-night television sketch comedy and variety show developed by Lorne Michaels and Dick Ebersol. The show premiered on NBC on October 11, 1975, under the original title of NBC's Saturday Night.The show's sketches often parody contemporary American culture...
. - On March 23, 2010, U.S. Vice PresidentVice President of the United StatesThe Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
Joe BidenJoe BidenJoseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
, commenting on the passage of the Patient Protection and Affordable Care ActPatient Protection and Affordable Care ActThe Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...
during a live press conference, said to U.S. PresidentPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, "this is a big fucking deal." The comment was picked up by CNNCNNCable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
news microphones. - On November, 19, 2011, during a live taping of ESPNESPNEntertainment and Sports Programming Network, commonly known as ESPN, is an American global cable television network focusing on sports-related programming including live and pre-taped event telecasts, sports talk shows, and other original programming....
's College GameDay at the University of HoustonUniversity of HoustonThe University of Houston is a state research university, and is the flagship institution of the University of Houston System. Founded in 1927, it is Texas's third-largest university with nearly 40,000 students. Its campus spans 667 acres in southeast Houston, and was known as University of...
, College FootballCollege footballCollege football refers to American football played by teams of student athletes fielded by American universities, colleges, and military academies, or Canadian football played by teams of student athletes fielded by Canadian universities...
Analyst Lee CorsoLee CorsoLeland "Lee" Corso is a sports broadcaster and football analyst for ESPN. He has been featured on ESPN's College GameDay program since its inception and he appeared annually as a commentator in EA Sports' NCAA Football through NCAA Football 11...
said, "Ah, fuck it" before he put on the headwear of ShastaShasta (mascot)Shasta is the mascot of the University of Houston athletics teams, the Houston Cougars. Shasta is a female cougar. While previously a live cougar, Shasta is now a costumed mascot.-History:...
, the University of Houston CougarsHouston CougarsHouston Cougars is the name given to the sports teams of the University of Houston. Informally, the Houston Cougars have also been referred to as the Coogs, UH, or simply Houston. Houston's nickname was created by early physical education instructor of the university and former head football...
' mascotMascotThe term mascot – defined as a term for any person, animal, or object thought to bring luck – colloquially includes anything used to represent a group with a common public identity, such as a school, professional sports team, society, military unit, or brand name...
, demonstrating his prediction that the Cougars would beat the MustangsSMU MustangsThe SMU Mustangs is the name of the athletic teams representing Southern Methodist University. The Mustangs participate in the NCAA's Division I as a member of Conference USA. In 2005, SMU accepted an invitation to the Western Division of Conference USA, and left the Western Athletic Conference...
of Southern Methodist UniversitySouthern Methodist UniversitySouthern Methodist University is a private university in Dallas, Texas, United States. Founded in 1911 by the Methodist Episcopal Church, South, SMU operates campuses in Dallas, Plano, and Taos, New Mexico. SMU is owned by the South Central Jurisdiction of the United Methodist Church...
. Corso's co-hosts Kirk HerbstreitKirk HerbstreitKirk Herbstreit is an Emmy Award-winning analyst for ESPN's College GameDay, a television program covering college football and a provider of color commentary during college football games on ESPN and ABC. He appears annually as a commentator in EA Sports' NCAA Football. He was a quarterback on...
and Chris FowlerChris FowlerChris Fowler is a sports broadcaster for ESPN known best for his work on College GameDay for college football. Since 1989, Fowler has been the primary studio host for college football. Until 2006, he was also the lead studio host for men's college basketball on ESPN...
and their guest-speaker Carl LewisCarl LewisFrederick Carlton "Carl" Lewis is an American former track and field athlete, who won 10 Olympic medals including 9 gold, and 10 World Championships medals, of which 8 were gold. His career spanned from 1979 when he first achieved a world ranking to 1996 when he last won an Olympic title and...
laughed hysterically in response to his use of the expletive, for which Corso later apologized.
U.S. Supreme Court case
On March 17, 2008, the United States Supreme Court agreed to hear, in September 2008, a case on whether the Federal Communications CommissionFederal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) is allowed to regulate the use of fleeting expletives on television broadcasts. The parties in the case are the Fox Broadcasting Company
Fox Broadcasting Company
Fox Broadcasting Company, commonly referred to as Fox Network or simply Fox , is an American commercial broadcasting television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation. Launched on October 9, 1986, Fox was the highest-rated broadcast network in the...
(supported by other television network
Television network
A television network is a telecommunications network for distribution of television program content, whereby a central operation provides programming to many television stations or pay TV providers. Until the mid-1980s, television programming in most countries of the world was dominated by a small...
s including ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
, CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
, and NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
) and the FCC. A federal appeals court had ruled in the favor of the networks; the Supreme Court has agreed to hear the FCC's appeal.
In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) fleeting expletive rule. The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favor of Fox Television that the FCC had not properly followed procedures in creating the rule. In the 5-4 ruling by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, "the court did not definitively settle the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
implications of allowing a federal agency to censor
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
broadcasts." Instead the court suggested the First Amendment issue should be raised in a Federal Appeals Court.
U.S. Second Circuit Court of Appeals
In a ruling announced July 13, 2010, the U.S. Second Circuit Court of Appeals struck down the FCC indecency policy on fleeting expletives. Calling it "unconstitutionally vague", the unanimous three judge panel found the policy could infringe upon the constitutionally protected First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. According to the panel, the policy "created a chilling effect that goes far beyond the fleeting expletives at issue here", in part due to a lack of guidance on what content is considered offensive.
Fox released a statement stating, “We have always felt that the government’s position on fleeting expletives was unconstitutional,” and, “While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through."
FCC Chairman Julius Genachowski
Julius Genachowski
Julius Genachowski is an American lawyer and businessman. He became Federal Communications Commission Chairman on June 29, 2009.-Education:Genachowski grew up in Great Neck, New York. He attended yeshiva and studied in Israel...
indicated the commission will be, “reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”"