WASHINGTON — DEVELOPING: The U.S. Supreme Court gives the tentative OK to a government crackdown on indecency on the airwaves.
But the court, in a 5-4 decision Tuesday, is refusing to pass judgment on whether the Federal Communications Commission's "fleeting expletives" policy is in line with First Amendment guarantees of free speech.
The justices say a federal appeals court should weigh the constitutionality of the policy.
The decision throws out a ruling by the 2nd U.S. Circuit Court of Appeals in New York.
The appeals court had found in favor of a FOX Television-led challenge to the policy and had returned the case to the FCC to let the agency provide a "reasoned analysis" for its tougher line on indecency.
The commission appealed to the Supreme Court instead.
FOXNews.com - Supreme Court: FCC Can Monitor Every Curse Word on Live TV - US Supreme Court | Cases | Justices
This certainly isn't the beginning but none the less could prove as a tipping point down the slippery slope. What's interesting is what indecency will be defined as.
There was little doubt that this was going to come surface once a Democratic majority was in place in Congress.
Campaign Aide Tapped to Head FCC
President Obama said yesterday that he will nominate Julius Genachowski, a technology adviser during the presidential campaign and law school friend, to head the Federal Communications Commission.
Obama Names Campaign Adviser to Head FCC - washingtonpost.com
This could get ugly and scary. Estimates on how long until a similar attempt is really materialized against the internet?