The Supreme Court and FCC on the...
Justice Ginsburg: Are those the only two words in the FCC's new policy or are there other words on the list?
General Garre [FCC]: Well, certainly, the FCC's action in this case focuses on the use of the F-Word and the S-Word, and I think everyone acknowledges that a word like the F-Word is one of the most graphic, explicit, and vulgar words in the English language for sexual activity. And I think even the networks here concede that it was -- its use was gratuitous and inappropriate here. And that would control --
Justice Stevens: Isn't it true that -- isn't it true that that is a word that often is used with -- with no reference whatsoever to the -- the sexual connotation?
General Garre: It can be -- it certainly can be used in a non-literal way. It can be used in a metaphorical way, as Cher used it here, to say "F them" to her critics. But the -- the non-literal/literal distinction is not unique to the isolated expletives versus the repeated effort -- expletives.
Justice Stevens: You think it's equally -- it's equally subject to being treated as indecent within the meaning of the statute regardless of which meaning was actually apparent to everybody who listened to it?
General Garre: I wouldn't say equally, Justice Stevens, but what we would say is that it can qualify as indecent under the -- under the Commission's definition, because even the non-literal use of a word like the F-Word, because of its core meaning of that word as one of the most vulgar, graphic, and explicit words for sexual activity in the English language, it inevitably conjures up a core sexual image.
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Justice Stevens: Maybe I shouldn't ask this, but is there ever appropriate [sic] for the Commission to take into consideration at all the question whether the particular remark was really hilarious, very, very funny? Some of these things you can't help but laugh at. Is that -- is that a proper consideration, do you think?
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Source: http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html
Nov 6th