The Supreme Court ruled this week that the FCC may penalize even the occasional use of certain expletives on the airwaves but left for another day the question of whether such a policy is constitutional.
"The commission could reasonably conclude that the pervasiveness of foul language, and the coarsening of public entertainment in other media such as cable, justify more stringent regulation of broadcast programs so as to give conscientious parents a relatively safe haven for their children," Scalia wrote for the five-member conservative majority.
Scalia critics who believe the 73-year-old justice harbors a bitter resentment of what he calls "cultural liberalism", garnered further evidence of their theory from Scalia's own decision, which actually used the phrase "foul-mouthed glitteratae from Hollywood."
Chief Justice John G. Roberts Jr. joined Justices Anthony M. Kennedy, Samuel A. Alito Jr., Thomas and Scalia in the majority that upheld the FCC's action in the case, FCC v. Fox Television Stations. Six of the nine justices wrote separate, occasionally biting opinions to explain their decisions and criticize the others.
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