Don't say it: Watch your mouth, or you might cost a broadcast network a lot of money. iStockphoto.com
by Linda Holmes
As you may have already read, the United States Supreme Court has announced, sort of, that it's got the FCC's back as the commission attempts to fine broadcasters for isolated smatterings of profanity.
(OK, technically, SCOTUS reversed a lower court ruling that had put the kibosh on the FCC's plan. And it hasn't really signed off on what the FCC wants to do. But still.)
Believe it or not, this all goes back to Cher and Bono and Nicole Richie swearing on live television, with a cultural (if not legal) assist from Janet Jackson at the Super Bowl.
What's it going to mean for live television? More tape delays, possibly, at least for the moment. But keep in mind that here, they've only rejected the conclusion that the FCC's decision — to start policing fleeting expletives when it hadn't before — was made without enough notice and enough explanation. They haven't yet decided whether it's ultimately unconstitutional to fine broadcasters for fleeting expletives.
The highlight of Justice Scalia's opinion from a lively-writing standpoint comes when he rejects the dissenters' argument that small-town broadcasters could be severely harmed by large fines for isolated incidents where someone swears:
We doubt, to begin with, that small-town broadcasters run a heightened risk of liability for indecent utterances. In programming that they originate, their down-home local guests probably employ vulgarity less than big-city folks; and small-town stations generally cannot afford or cannot attract foul-mouthed glitteratae from Hollywood.
Bet you didn't even know "glitteratae" was a word. Now you do.
So now, there will be more questions about the FCC's authority — and, of course, there's a new administration, which will change the game anyway, since commissioners are appointed by the President. But until this is ironed out, you may see more live awards shows with tape delays — or, perhaps, see them moved to cable.
You may even see changes on other live shows, depending on how skittish broadcasters feel about Jane Fonda letting a shocker slip on The Today Show a while back.
categories: Television
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