America and the Courts previews the case of FCC v. Fox Television, scheduled to be argued before the U.S. Supreme Court on November 4, 2008. The Supreme Court would hear oral argument on the Federal Communications Commission’s policy of fining broadcasters for isolated television broadcasts of curse words, called “fleeting expletives.” The FCC asked the Court to review the case after a lower court invalidated the policy. It would be the first time in 30 years for the Supreme Court to hear a broadcast indecency case. The case stems from two separate broadcasts of the Billboard Music Awards on Fox Television stations. Cher used profanity during the 2002 broadcast and Nicole Richie used profanity in 2003. Video clips of those incidents were shown. Also shown were video clips from the Second Circuit Oral Argument in the Fox Television v. FCC case on December 20, 2006, in New York City. 

Ted Hearn was interviewed about the case. He reacted to an interview with Carter Phillips, attorney for Fox Television, which was taped at the Sidley Austin Law Office in Washington, D.C., on October 20, 2008. Robert Peters and Robin Bronk participated by telephone.


This program contains language that some viewers may find offensive.