Crying Foul: Supreme Court to Hear Challenge to FCC Cussing Crackdown

Should broadcasters be able to air whatever the &#%@ they want? Nine years after Cher used a swear word during a live awards show, the U.S. Supreme Court is finally addressing the constitutional issues behind that question.

On Jan 10, the court will consider whether the Federal Communications Commission's efforts to police the U.S. airwaves for dirty words and images violate broadcasters' right to free speech and due process. The court's decision, expected by June, could affect the broadcast-television industry, which has been losing viewers to cable channels, Internet video and other forms of entertainment that by law can't be touched by the FCC's indecency cops. If the court sides with broadcasters, it might not just free them from the threat of multimillion-dollar indecency fines, but also lead to some networks experimenting with racier content or language that is commonplace on cable-channel rivals such as AMC or FX, industry officials say. The cases before the high court involve Walt Disney Co.'s ABC and News Corp.'s Fox networks. News Corp. also owns The Wall Street Journal.