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The Supreme Court takes on the seven dirty words

Nov 6, 2008, 07:30 AM | by Adrienne Day

Categories: Celebrity Scandals, Current Affairs, Film, Ouch! That was my ear!, Television, To Care or Not to Care

Chernicolerichie_l Here we go again.

This is not the first time we've addressed the issue of profanity on the airwaves, nor will it be the last. But it's worth bringing up again, because this week, the US Supreme Court is reviewing broadcasting indecency standards for the first time in 30 years.

Who are the culprits here? Bono, for one, who casually dropped the F-word at the 2003 Golden Globes; Cher said the same at the 2002 Billboard Music Awards (pictured, left); Nicole Richie double-fisting both the F- and S-words at the 2003 Billboards (pictured); System of a Down delivering an enthusiastically unbleeped "F--- yeah!" on SNL; more recently, Diane Keaton and the F-bomb on Good Morning America; and, of course, the grand mammary (sorry!) of all obscene blunders, Janet Jackson and Boobgate at the 2004 Super Bowl.

Much like it was 30 years ago, the Court seems divided over the issue, with Justice Scalia blaming television for "coarsening" public discourse and Justice Ginsberg saying there "seems to be no rhyme or reason" for some of the FCC's decisions, such as allowing the television broadcast of the movie Saving Private Ryan, even though it contains expletives.

After much heated debate, this will likely boil down to the issue of "fleeting expletives," as opposed to dirty language on scripted shows or the broadcast of movies, because the networks know better than to monkey around with the FCC bylaws when children might be watching (the issue of Saving Private Ryan being an obvious, if curious, exception). So, what to do about these once-a-year (or thereabouts) goofs?

In my opinion? Nothing. People have been using questionable language in public forums since, well, Biblical times, according to some folks. (If anything, it's when the media runs with the story that "offensive" language gets maximum exposure.) In 1978, when George Carlin delivered his pointed ''Seven Words You Can Never Say on Television'' routine, it sparked a narrow 5–4 Supreme Court decision in the favor of the government's power to regulate indecent material on the public airwaves. Because of that decision, broadcasters can be fined more than $325,000 for a single utterance of the F-word, even if it is said by a guest on a live show. So we do have a system in place, and as imperfect as it may be, it keeps raw discourse to a minimum and gives the networks the creative space to do what they do best -- keep us informed and keep us entertained.

But what do you think? Do we need more stringent laws and stricter censorship of the airwaves? Or is a goof now and again the price we pay for the freedom of speech?

   

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trentishall Fri, Nov 7, 2008 at 03:43 AM EST

Oops. Just one other thought. Why is it that the Supreme Court should take up deciding for us those things that each person "should" willingly take upon themselves. What ever happened to common decency? Or, is shear common decency no longer of any value? Let's face it. Laws only define the least acceptable principles of behavior. Seldom does law define the highest. And if we only live according to the least common denominator, that's all we will ever get. Who wants that?

trentishall Fri, Nov 7, 2008 at 03:35 AM EST

People are going to say whatever they wish and do whatever they want to do. The reason? Because there is no immediate consequence that follows lack of forethought. So... I wonder what will come out of our mouths and what action will we all take on the Day we have to give an account for all that we have said and done? But...like I said... people will be people... up until their "people lives" are called up.

isaiah666.com Fri, Nov 7, 2008 at 02:48 AM EST

You are really lame with your snide remark "Biblical times, according to some folks"

I could have a field day on the clown that owns that site. "I have never been an atheist" -Charles Darwin

Jackie Fri, Nov 7, 2008 at 12:54 AM EST

The big argument I always hear is "vocabulary". I am proud to say I have an extensive vocabulary. I use a thesaurus weekly and didn't swear until I was 19 years old. However, sometimes those censored 4-letter words are what is truly needed. If a bad driver cuts me off, the f-word I yell is not "forget". I yell "F**K you!" Sometimes, that just happens to be the right phrase.

anthony Fri, Nov 7, 2008 at 12:03 AM EST

i, being 22, remember vividly the language that adults and children alike used at school, at the mall, the skating rink, the teen-club, and even occasionally in church (gasp lol)

It was much worse than anything i ever heard on tv. To believe that a child can be influenced with language from a tv show or live broadcast is ridiculous. i agree with M. Should FX be allowed to show a new epidosde of "philladelphia" with the F word used 500 times? no, it's not necessary... but is believing if they do its going to affect a child's language unrealistic? certainly!

M Thu, Nov 6, 2008 at 11:42 PM EST

If you think that kids aren't hearing worse at school I'd like to know what fantasyland you're living in.

Annie Thu, Nov 6, 2008 at 09:21 PM EST

I believe that the Constitution says that as Americans, we have freedom of speech. If someone says a swear word on TV, then it shouldn't be a big deal, these days kids hear more swear words in their school hallways than on TV. The censorship is outdated, and I think that our freedom of speech should be upheld.

Emma Thu, Nov 6, 2008 at 07:56 PM EST

I say let people say what they please and let the networks worry about editing it. You should be allowed to say what you want in acceptance speeches and if a network wants to run the risk of you cursing out the audience then it is up to them to pay for it. They make enough money off award shows as is.

Ah, Duh Thu, Nov 6, 2008 at 07:14 PM EST

You Go Johnny who made the comment at 12:43pm EST;

What a concept, make people responsible for "their own actions" rather than blame someone or a group. We live in a society that looks for fault in others rather than looking at our part.

Sad state of affairs that Cher gets to spit out the bad word and laugh while someone else pays for her failure!!!

Sad and pitiful indeed!!

Thu, Nov 6, 2008 at 07:13 PM EST

Children can be taught not to say swear words and to even avoid them when they are used. Having the government regulate the use of foul language, doesn't teach your children a thing. Take responsibility and make an effort to set your own kids straight. Letting the government limit our freedom of speech, lets them remove our freedoms. If it comes down to local television no foul language and cable having foul language then fine. I can limit and restrict my kids from viewing tv as much as I wish. Mostly because me and my wife take great efforts not to substitute our time with them with TV. It can be hard yes, but it can be done.

Claudius Thu, Nov 6, 2008 at 06:49 PM EST

Well obviously, hearing dirty words will inevitably warp childrens' minds and make them want to do drugs and disagree with their parents. Dirty words equal anarchy. If we want to be safe, we better keep these dangerous words away from children at all costs. We should also keep comprehensive sex education away from them. While we're at it, let's ban bilingual education. If there's one thing we know, it's that once a child realizes that some words are bad just because society says so, no matter what the context, then they become social delinquents.

Amy Thu, Nov 6, 2008 at 06:40 PM EST

I agree that it's when the media runs with the story it becomes a big deal. I remember watching the 2004 Superbowl and seeing Boobgate happen so quickly I wasn't sure it actually did, and then I forgot about it until everyone started saying how scandalous it was. People made it a bigger deal than it was because it happened so fast you couldn't see anything.

Thu, Nov 6, 2008 at 06:12 PM EST

Censored Freedom is not Freedom at all.

MsDaisy Thu, Nov 6, 2008 at 05:42 PM EST

People ought to be more concerned about all the teenage sexualty and all the violence shown on television.

CleanAir Thu, Nov 6, 2008 at 03:39 PM EST

The government should regulate it. Give them an inch and they'll take a mile and push to see how far they can take censorship. What's next, obscene words plaguing the news? There needs to be limits. A person should be able to control what their child hears within their own home. Yes, they can put warnings on shows that contain that kind of content and a parent has the option of whether they want their child to watch/hear it, but the line has to be drawn when it concerns live shows.

Mom Thu, Nov 6, 2008 at 03:26 PM EST

Is this the biggest issue in America? Does the Supreme Court really need to waste it's time on swear words? My kids are exposed to swear workds and know it is wrong to use them. In real life adults use "bad" words, even if it is when you stub your toe, who cares?! It is not the FCC's job or right to dictate what I can hear or what my children can hear. If you don't like what you hear on tv, then read a book!

Azy Thu, Nov 6, 2008 at 02:49 PM EST

Words are words. It is the intent behind them that matters. When I was a child, I was allowed to watch horror movies. I had nightmeres about them. It's the violence I remember, not the language. Sure, some parents allow the TV to be a babysitter. Sometimes you can't change the channel before a child hears a swear word. But that is when you sit down and speak to your child about what is right to say and when. I don't think violence should be a common place thing in our society. That's what worries me. When my kid says the f-word? We'll talk about it then. Parents are the ultimate censors, as it should be.

Rachel Thu, Nov 6, 2008 at 02:20 PM EST

I wish we could count on all adults to be responsible and properly parent their children, but lets face it, many parents aren't doing their job these days. So it isn't just a matter of "don't like it? don't watch it." Many parents don't care what their kids watch. Lets at least reserve SOME form of decency in the media, to aid in the positive protection of what comes into the home whether some adult is monitoring or not.

cody Thu, Nov 6, 2008 at 02:03 PM EST

uh.......

Thu, Nov 6, 2008 at 02:02 PM EST

uh......

J. Merchant Thu, Nov 6, 2008 at 01:27 PM EST

I don't really care about the violence on TV but for educational reasons swear words should be censored. There are so many words out there that could be used instead and it wouldn't hurt to widen people's vocabulary. Plus they are just not nice. If all you have to say is a swear word then maybe you should go get a thesaurus.

Johnny Thu, Nov 6, 2008 at 12:45 PM EST

Sorry for the typo; that should read condemn.

Johnny Thu, Nov 6, 2008 at 12:43 PM EST

My theory on the foul language vs. violence debate is that kids are more prone to use curse words after hearing them than committing a violent act after watching it on tv. But I do think it is ridiculous to condmen one and not the other.
In regards to the fines, here is an idea: instead of fining the networks who are not always able to control what happens at live events (award shows and such) why not fine the individual who uttered the expletives. Making people being held accountable for their actions, what a concept.

Greg Thu, Nov 6, 2008 at 12:40 PM EST

Language belongs to the people, not the government. It is to the people that the responsibility rests. If a viewer is offended by a broadcast, that viewer can boycott the show or network, or better yet, change the channel.

In many of these cases, people complain about shows they aren't even watching. Government needs to stay out of the daily lives of people as much as possible. And last I checked, nobody is forcing anybody to watch.

A person should worry more about what he/she watches, rather than what other people are watching. Which begs the question of: If you are, then why are you watching in the first place? And if that person can in fact manage to manage him/her self, then it’s only one more step to realize that the TV has an off button. There’s probably still a few witches, or at least books, they can burn to pass the time.

Greg
http://gregbecerra.blogspot.com/

Em Thu, Nov 6, 2008 at 11:36 AM EST

If I have to listen to commercials about erectile disfunction, vaginal dryness, his and hers KY, and cleansing one's colon, what is the point in worrying about a few swear words???

Kid Panda Thu, Nov 6, 2008 at 11:32 AM EST

Goofs are the price we pay.

Kevin Thu, Nov 6, 2008 at 11:22 AM EST

It's hilarious to me when prudes complain about nudity or profanity on a show when odds are they're watching that show on cable or satellite, both of which use encryption technology and incorporate parental controls into their equipment. If you pay to watch an encryptd network you're tacitly agreeing to their content, and therefore have zero right to complain about it. Also, every tv produced since '92 has a V Chip in it, if you don't like the content of a particular show all you have to do is set a rating ceiling. If you're complaining about what others watch on the lameassed pretext that you're trying to "protect the innocent" then you need to just get a life and mind your own damned business.

jeff Thu, Nov 6, 2008 at 11:16 AM EST

F*** it.

Josh the Profain Thu, Nov 6, 2008 at 11:06 AM EST

Censorship is the job of parents, not the state. I need my government to build roads, protect me from invasion, and provide me key opportunities such as education; I can control my T.V and children on my own. I am upset that my tax dollars, which could have gone to deal with a real problem (unemployment, war, houseless-ness, etc...), are mired in a problem that can fixed by a couple of triple-A batteries and a polymer coated IR/RF transmitter.
When my children hear words that they do not understand, I teach them about the use or abuse of these terms. Hiding obscenity beneath a thin veil of TV broadcast rules does not stop children from learning or using these terms. I think some are oblivious to how our children really speak when adults are not immediately visible. If you want your children not to use these terms: educate; not insulate. Ultimately, when the cool kid at school drops an F-Bomb on the play ground the impact is orders of magnitude greater than that of hearing a stranger

jane doe Thu, Nov 6, 2008 at 10:47 AM EST

With shows like Special Victims Unit and CSI quite popular, it's unclear to me why language is such a controversy. You can have a drama that centers around child-rape and murder, yet people are up in arms because of something Paris Hilton said? This is ridiculous.

t3hdow Thu, Nov 6, 2008 at 10:09 AM EST

I find it funny Saving Private Ryan was listed because of the swearing, as opposed to the cringe inducing violence during the D-Day invasion. Same with Zack and Miri poster, because of the word porno (as opposed to the visually impressive but harrowing Saw posters). Note the Supreme Court not once mentioned anything relating to extreme acts of violence being portrayed, and it's being projected on some of the viewing public. Even some responders of the Dexter and True Blood EW reviews complained about the sex and swearing more than the violence. In the videogame realm, I even remember some gamers being concerned about buying Gears of War because of the rampant profanity, instead of the ability to hack someone apart with a chainsaw and see their insides once the job is done. Oh and don't even get me started about how same-sex characters ruins the 'sacredness' of primetime TV.
It really shows how misguided this country's principles get. I don't support the Supreme Court at all.

Josh Thu, Nov 6, 2008 at 10:07 AM EST

When was the last time any of the protective and nieve parents walked around the malls, school hallways or playground. I'm sure you would be suprised with the profane vocabulary our children are speaking and what they are around everyday anyway. As mentioned before "ITS CALL PARENTING" as the "PARENT" it is your job to teach them what you view as being right from wrong any. So do you part as a "PARENT" take "YOUR PARENTING RESPONSIBILITY" seriously.

Ska Thu, Nov 6, 2008 at 10:05 AM EST

Kids are learning about this word too young.

You're going to have to censor school if you don't want kids to hear curse words. Or maybe realize that dirty words, while not appropriate at dinner or church, will always be part of the vernacular, and can be used to effectively make a point, add umph to a joke, and increase the potency of the statement it's utterred in.

Amy Thu, Nov 6, 2008 at 09:50 AM EST

I'm sorry, but if you don't want your kids to hear these words you might want to keep them in the house away from all the windows and televisions. In Boston, someone complained about the Zack and Miri poster because of the word Porno. Walk through Boston Common and listen to the homeless people doing drugs and yelling, then tell me you wouldn't rather explain to your kid what porno is. Don't censor society, talk to your kids.

Chip Thu, Nov 6, 2008 at 09:33 AM EST

It just shows the lack of class and limited vocabulary of these individuals. There is never an occasion where this is appropriate.

M.T. Fisher Thu, Nov 6, 2008 at 09:31 AM EST

People are always saying, "Hey, it's out there, so what's the deal?" Yeah it is. And one of the reasons is due to the fact kids grow up with it, especially in the entertainment world. Let's have some areas where we don't have to be around it. Is church the only place left where we don't have to put up with it anymore?

Daniel V. Thu, Nov 6, 2008 at 09:24 AM EST

If you don't want your kids to see shows you don't approve of or to hear words you don't enjoy...then parent them. Set up your V-Chip, use parental controls on the television, and...god forbid...be around your children more and get to know what they are watching. You'd be surprised at what kind of innuendos can be slipped into a TV-PG show. Heck, look at Shrek...that was filled with tons of dirty comments that mostly went over children's heads. The bottom line is these words don't hurt anyone. Sex, violence, and cursing are all parts of real life that are expressed on television as an imitation. When I watch The Shield (without my kids) I feel like I'm actually part of this rough police unit. If someone was to utter, "Oh my golly gosh! What the heck is that?" I would probably stop watching. I don't NEED the cursing, but it adds to the realism of the show. Don't censor America just because parents don't know how to parent their kids.
Apparently they aren't parents.

Linda Thu, Nov 6, 2008 at 09:12 AM EST

I'm no prude but I detest the F word. Kids are learning about this word too young. Bad language should be curtailed at least til after prime time and kids are in bed asleep.

ok by me in phila Thu, Nov 6, 2008 at 08:24 AM EST

World Champions! World F***ing Champions!


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