WASHINGTON — The Supreme Court agreed Monday to rule for the first time in 30 years on what constitutes indecency on broadcast television and radio.
The justices will weigh whether federal regulators may levy large fines on broadcasters who let expletives on the airwaves during daytime and early evening hours.
The court could rule that the Federal Communications Commission has broad power to decide what is acceptable for broadcasts. Or the justices could conclude that the 1st Amendment's protection for the freedom of speech does not allow the government to punish broadcasters for an occasional vulgarity.
The justices have not ruled on the indecency standard since 1978, when they upheld fines against a radio station for broadcasting comedian George Carlin's "seven dirty words" monologue in midafternoon. One justice described Carlin's performance as "a sort of verbal shock treatment" because the familiar curse words were repeated over and over.
Since then, however, it has been unclear whether the use of a single expletive could be judged indecent. Federal law forbids broadcasting "any obscene, indecent or profane language," but Congress has left it to the FCC and the courts to define indecency.
Last year, the major networks won a ruling in New York that blocked the FCC from enforcing a strict new rule against the broadcasting of "fleeting expletives."
Bush administration lawyers urged the high court to take up the dispute and to give the FCC a green light to enforce its crackdown on vulgar words. The government says broadcasters who use the public airwaves have a duty to protect children and families from unexpectedly hearing foul language.
The FCC has fined CBS $550,000 for broadcasting Janet Jackson's performance at the 2004 Super Bowl, which included a brief exposure of her breast. The network is appealing the fine in a court in Philadelphia.
The president of the Parents Television Council in Los Angeles applauded the court's announcement. "Such harsh, unedited profanity is unacceptable for broadcast over publicly owned airwaves when children are likely to be watching," said Timothy Winter, the president.
His group claims more than 1.2 million members, and he said many complained when they heard expletives used during Hollywood award shows. "It seems you can't have an awards show without someone dropping an F-bomb," Winter said.
