The who-cares test

The Supreme Court focuses on broadcast decency just when Washington may be losing interest | Rebecca Cusey

Illustration by Krieg Barrie

Hollywood's eyes, like those of the rest of the nation, focused on Washington Nov. 4. But not only were the broadcast networks gauging the effect that a change of presidency will have in the industry. Election Day was also the day the Supreme Court revisited FCC indecency standards for the first time in 30 years.

The Supreme Court heard FCC v. Fox TV, a case involving a profanity uttered by the singer Cher during a live broadcast of the Billboard Music Awards. The network appealed its fine, arguing that it is not responsible for things it cannot control. The Supreme Court could allow the current judgment to stand or it could rule narrowly, affecting only the case at hand.

But many experts believe the court wouldn't have heard the case except to redefine the FCC's role in policing indecent, profane, or obscene content, which currently covers only media broadcast over public airways: radio and broadcast networks. It does not cover subscription cable or internet broadcasts. A host of conservative groups such as the Family Research Council, the Parents Television Council, and the American Center for Law and Justice have filed briefs in support of the government's case. The ACLU and other broadcasters are among those backing Fox TV.