You are not logged in

New York Magazine

Skip to content, or skip to search.

Skip to content, or skip to search.

Vulture

Edited by Dan Kois & Lane Brown

 

The Take

6/ 4/07

5:45 PM

Bono Would Call Appeals-Court Decision ‘Fucking Brilliant’

Bono at the 2003 Golden Globes.Photo: Getty Images

In news that may only be interesting to those of us married to First Amendment attorneys — but which should be interesting to anyone who cares about TV and civil liberties — the Second Circuit Court of Appeals has ruled that the FCC's 2004 declaration that "fleeting expletives" should be subject to a hefty fine is "arbitrary and capricious." What does this mean? It means that, let's hope, the next time someone happens to swear on live network TV, as Bono did when he declared U2's Golden Globe win in 2003 "fucking brilliant," the network will not be liable for thousands and thousands of dollars of fines. (Not Bono, of course, nor Nicole Richie or Cher or whoever else actually swears on the air! Just the networks, and their local affiliates.)

The FCC's crazy position was that a single, isolated, nonsexual use of the word "fuck" is by its very nature sexually obscene:

Given the core meaning of the ‘F-Word,’ any use of that word or a variation, in any context, inherently has a sexual connotation … The ‘F-Word’ is one of the most vulgar, graphic and explicit descriptions of sexual activity in the English language. Its use invariably invokes a coarse sexual image.

So, for example, if we called the FCC "a bunch of fucking idiots," you would immediately — no matter what — envision a group of dolts in suits having hot obscene sex with each other, right? Right?

The rule has not been entirely struck down; instead, the court instructed the FCC to go back to the drawing board. Let's hope that the next ruling from the commission isn't so fucking lame.

Appeals Court Hands Broadcasters a Win [AP]
Second Circuit Ruling (PDF)

Advertising
Vulture Features

Movies | TV | Music | Video | Books | Theater | Art

Art Candy: One new artwork, every day.

Beef: Cultural rivalries and confrontations.

Chat Room: Entertainment and culture Q&As.

The Comics Page: Excerpts from new graphic novels.

The Early-Evening News: So what the hell happened today?

The Industry: The morning trade news roundup.

Kudos: Awards news, buzz, and predictions.

Leak of the Week: Listening in on the file-sharing networks.

The List: Culture by the numbers.

Overnights: Recaps of TV shows.

Right-Click: The hottest new MP3s.

Trailer Mix: Movie trailers reviewed.

Tube Junkie: Nuggets from the online video archives.

Vulture Picture Palace: Exclusive short films.

All Vulture Features »