We don't know if the health-care case will come out in a few minutes, but it might. Here are descriptions of the cases that might be announced today.
And here's where to read about the announcements as close as you can get to real time, with SCOTUSblog.
UPDATE 1: Alito has the opinion in Knox v. SEIU, which is about requiring state workers to pay for the union's political speech. The union lost in a 6-3 decision. There is a free-speech right to opt out. [Here's the PDF.]
UPDATE 2: There's a decision in the case about the new lower sentences for crack cocaine — applying it to sentences imposed after the Act was passed or crimes committed before the Act. This is a Breyer opinion, with 4 dissenting votes.
UPDATE 3: FCC v. Fox opinion written by Justice Kennedy. This is the case about the FCC's rules on "fleeting expletives," which were challenged as vague. "The decision is very narrow. The analysis section of the opinion is only 5 pages long. It says simply that the FCC didn't give advance notice. It doesn't decide the big questions of the constitutionality of the current policy." So it's not a decision on the free speech issue.
UPDATE 4: The excitement is over. The cases we are so nervous about will wait until next week. Relax!
Showing posts with label fleeting expletives. Show all posts
Showing posts with label fleeting expletives. Show all posts
Thursday, June 21, 2012
Tuesday, March 1, 2011
Chief Justice Roberts teaches a language lesson: "The noun 'crab' refers variously to a crustacean and a type of apple, while the related adjective 'crabbed' can refer to handwriting that is 'difficult to read'..."
"... 'corny' can mean 'using familiar and stereotyped formulas believed to appeal to the unsophisticated,' which has little to do with 'corn,' ('the seeds of any of the cereal grasses used for food'); and while 'crank' is “a part of an axis bent at right angles,' 'cranky' can mean 'given to fretful fussiness."
And the point is, a corporation may be a "person" within the meaning of the Freedom of Information statute, but that doesn't mean it's gets in on the "personal" privacy referred to elsewhere in the statute.
IN THE COMMENTS: rhhardin said:
And the point is, a corporation may be a "person" within the meaning of the Freedom of Information statute, but that doesn't mean it's gets in on the "personal" privacy referred to elsewhere in the statute.
[I]n ordinary usage, a noun and its adjective form may have meanings as disparate as any two unrelated words. ...Crisply explained!
"Person" is a defined term in the statute; “personal” is not. When a statute does not define a term, we typically “give the phrase its ordinary meaning.”... “Personal” ordinarily refers to individuals. We do not usually speak of personal characteristics, personal effects, personal correspondence, personal influence, or personal tragedy as referring to corporations or other artificial entities. This is not to say that corporations do not have correspondence, influence, or tragedies of their own, only that we do not use the word “personal” to describe them.
Certainly, if the chief executive officer of a corporation approached the chief financial officer and said, "I have something personal to tell you," we would not assume the CEO was about to discuss company business. Responding to a request for information, an individual might say, "that’s personal." A company spokesman, when asked for information about the company, would not.
IN THE COMMENTS: rhhardin said:
While he's got the FCC's attention, mention that the "fucking" in "fucking brilliant" is not an adjective.Ha! He's referring to this FCC opinion:
The complainants allege that the licensees named in their respective complaints aired the “Golden Globe Awards” program, during which the performer Bono uttered the phrase “this is really, really, fucking brilliant,” or “this is fucking great.”..."Fucking" can be an adjective, as in "You're a fucking crank," "Watch out for the fucking crab," or "I can't believe you're serving fucking corn again," but in the Bono boast, it's a fucking adverb.
The word “fucking” may be crude and offensive, but, in the context presented here, did not describe sexual or excretory organs or activities. Rather, the performer used the word “fucking” as an adjective or expletive to emphasize an exclamation. Indeed, in similar circumstances, we have found that offensive language used as an insult rather than as a description of sexual or excretory activity or organs is not within the scope of the Commission’s prohibition of indecent program content.
Labels:
corn,
crabs,
dirty words,
fleeting expletives,
grammar,
John Roberts,
language,
law,
privacy,
rhhardin
Tuesday, April 28, 2009
The Supreme Court decides the "fleeting expletives" case.
SCOTUSblog reports:
Splitting 5-4, the Supreme Court upheld the government’s power under existing law to ban the use on radio and TV of even a single four-letter word that is considered indecent — but left open the question of whether the ban might violate the First Amendment, at least in some situations. The Court, in an opinion by Justice Antonin Scalia, said the Federal Communications Commission’s switch in policy to ban even a fleeting use of such a word was “entirely rational” under the law that governs federal administrative powers....Glitteratae... female glitterati? Cher was involved. And Nicole Ritchie.
His written opinion, in a case dealing with uses of those four-letter words during performance awards broadcasts involving celebrities, took a swipe at “foul-mouthed glitteratae from Hollywood.”
Basically, the ruling simply means that the FCC provided a sufficient explanation of why it switched from a more relaxed policy on “dirty words” to a near-total ban on “fleeting expletives.”So the constitutional free-speech question remains.
... Justice Clarence Thomas, in a separate concurring opinion, said he would be open to reconsidering two of the Court’s major precedents that allow the government the constitutional authority to treat broadcasting differently from the rest of the press for First Amendment purposes. Those two precedents — Red Lion Broadcasting v. FCC in 1969 and FCC v. Pacifica Foundation in 1978 — brought a “deep intrusion into the First Amendment rights of broadcasters”....Bring it on.
Labels:
Cher,
Clarence Thomas,
dirty words,
fleeting expletives,
free speech,
law,
Nicole Ritchie,
Supreme Court,
TV
Sunday, January 11, 2009
Will the Golden Globes affect the Supreme Court's "fleeting expletives" case?
At tonight's Golden Globes ceremony, the producer accepting the Best Drama award — for "Slumdog Millionaire" — said "Oh, fuck!" when he got the signal to cut his speech short. But we didn't hear it. There was a second of silence. So, as I noted at 10:03 Central Time on my live-blogging of the show, we got a conspicuous demonstration of how easy it is to snip out what has come to be known as a "fleeting expletive."
This Term, the Supreme Court is considering a case — FCC v. Fox Television Stations — on precisely this subject.
This Term, the Supreme Court is considering a case — FCC v. Fox Television Stations — on precisely this subject.
[In] March 2004, [the FCC] said, even a single use of “the F-Word” on the air would be treated as illegal....Ha ha. The Golden Globes! And now here, tonight, we had the Golden Globes on a tape delay with the "oh, fuck!" removed. So it's not that hard for the broadcaster to protect us from the careless, casual speech of celebrities. I wonder which Supreme Court Justices were watching? Probably just Kennedy.
The agency changed its approach after getting complaints about two broadcasts on Fox television of the Billboard Music Awards – the show in 2002 when singer-actress Cher used “the F-Word,” and the show in 2003 when actress Nicole Richie used variations of that word and used the four-letter excrement word – and a broadcast on NBC-TV in 2003 of the Golden Globe Awards, when rock singer Bono used a variation of “the F-Word.”
I'm live-blogging The Golden Globes.
6:00: Come hang out with me. I'm watching Nancy O'Dell on the red carpet interviewing the Jonas Brothers. They seem like nice young men, but boring. I guess they don't need to be interesting, as they are obviously loved for whatever it is they do — which I've never experienced.
6:05: Commenting on her success, Miley Cyrus says she's not a big planner, but "God has a plan." She looks pretty there in her very long drapey white dress, with her dad who's flat-ironed his hair as much as a man possibly can.
6:15: Steve Carrell bows down to Ricky Gervais.
6:27: Gah! I screwed up the title line. Fixed. Sorry. The red carpet stuff is made less glamorous by the presence of TV folk, who seem especially interested in getting camera time. Meanwhile, we see Kate Winslet lurking over there, looking splendid.
6:29: Vanessa Hudgens's hair doesn't just look like a wig, it looks like a play wig. Jessica Lange is escorting Drew Barrymore. They are holding hands. I love Drew's hair — it seems to be inspired by Marilyn Monroe after a long night of drinking. Blah! Now it's Jeremy Piven whining about his ailment that no one believes he has.
6:41: Kate Winslet and Leonardo DiCaprio together again. This time he's the one who looks ever so slightly bloated. She's wearing a black dress and looks so good wearing red lipstick that maybe all of us women will be wearing red lipstick tomorrow.
6:47: Is that Tom Cruise's phone ringing? He's moved off to the side so Nancy O'Dell can get to Robert Downey Jr. — who's wearing dark sunglasses and looks very unkempt, yet brags about his sobriety — and then Sting — who's very red and bloated and bearded. He needs to go on Tom Cruise's diet, because Tom looks radically rejuvenated, all sharp edges.
6:50: Marisa Tomei promotes her movie — "The Wrestler" — which she says is "very verité."
7:01: Jennifer Lopez is handing out the Best Supporting Actress movie award. And it's... Kate Winslet. She's acting flustered, which she attributes to her "habit of not winning things." She's glistening with sweat. And maybe the rest of us women will try to be glistening with sweat tomorrow. She's thanking the movie makeup people for "making me look so old." [LATER: Ricky Gervais says he told her if she did a Holocaust film she'd win. This is a reference to the first episode of "Extras," where Winslet plays herself as an actress who is doing a Holocaust film in order to win an Oscar.]
7:07: Best Song. I was going to say I don't care, but then I see that the "Gran Torino" song is up. And there's Bruce Springsteen, who bellyached his way through a typical Bruce Springsteen song for "The Wrestler." And damned if he doesn't win. "This is the only time I'm going to be in competition with Clint Eastwood. That's for sure."
7:19: Supporting TV Actor. I guess Ben Franklin will win. Yeah. Tom Wilkinson. One of these days I'll finish watching the episodes of "John Adams." It wasn't my favorite sort of thing, but Wilkinson was good in it. He's acting quite geezerly now.
7:22: Supporting TV Actress. The only one I know is Laura Dern from "Recount." And she wins. She played Kathrine Harris — very amusingly. Oh, now, she's blabbering about the election and looking forward to "amazing change in this country." I hope that doesn't make anyone else think now would be a good time to talk politics. At least, her little TV movie was about a presidential election.
7:31: Best TV Actor is Gabriel Byrne, but he's not there. So on to Best TV Actress. Anna Paquin wins for "True Blood." Remember how cute she when she won an Oscar -- as a little girl? By the way, the presenters are the 2 young actors who are playing Captain Kirk and Spock in some new "Star Trek" project. They look interestingly like William Shatner and Leonard Nimoy — but handsomer — younger and handsomer.
7:40: "Wall-E" wins for animated movie, and the guy accepting the award thanks his kids and says they inspire every emotion he tries to capture on film. That sounds nice until you think about it for about 2 seconds.
7:45: Best Actress in a Comedy/Musical goes to Sally Hawkins, and I'm sorry I didn't see "Happy-Go-Lucky." She beat Meryl Streep, who detains her on the way to the stage. Bow to the Streep. She beat Emma Thompson too. And Frances MacDormond. That's some major ass-kicking.
7:56: Jessica Lange and Drew Barrymore are still holding hands. They're presenting the Best TV Mini-Series or Movie. Unsurprisingly, "John Adams" wins. Surprisingly, the award is accepted by Tom Hanks. He could use some makeup.
8:01: Best Supporting Actor in a movie. Heath Ledger wins. He's not there to accept the award... needless to say. The director Christopher Nolan accepts the award. They show the "You complete me" clip.
8:05: Here's a list of all the nominees, in case you're wondering who the losers are. Now, here's Tom Brokaw. Why? Oh, he's introducing the clips for "Frost/Nixon." Funnily spoofed on "SNL" last night as "Frost/Other People."
8:09: Best Foreign Film. Oh! Israel won. "Waltz with Bashir." The producer accepts and says he hopes when his kids watch the film some day, the war it depicts will be something from the past.
8:13: Actress in a TV Mini-Series/Movie goes to Laura Linney — Abigail Adams — and it's no surprise. She's wearing an ugly dress and that hairstyle that mainly consists of not brushing.
8:22: Movie Screenplay. "Slumdog Millionaire." Excellent!
8:24: Best TV Actor. Alec Baldwin. I don't watch his show, but maybe I should.
8:33: Actor in a TV Mini-Series/Movie. Of course, it will be Paul Giamatti, right? Yes.
8:38: Best TV Comedy series. Obviously, it will be "30 Rock." I've never watched it. Heard it's good.
8:45: Original Movie Score. Gotta be "Slumdog." Yeah. A lot of movie music is just background emotional mainipulation, but "Slumdog" had some really exciting stuff. The composer thanks the "billion people from India."
8:48: Everyone seems to know that Tina Fey will win Best TV Actress, and she does. She's got a dress cut all the way down to the waistband, but don't get nervous. It's clearly glued on. She's bitching about the internet. She's telling specific bloggers — I think they're bloggers, they sound like bloggers — they can "suck it." It's nice to know the celebs read what the bloggers say about them and that it can bug them.
9:03: I'm not interested in watching the honoring of Steven Speilberg. It's not about this year's movies. It's such a drag. I hate all the shots of actresses faces — all that admiration. I imagine them all thinking about whether they look pretty giving the impression of caring.
9:15: A big one: Best Director. I say out loud: Danny Boyle. And that's right. It's Danny Boyle. I loved "Slumdog Millionaire" — saw it twice. Apparently, everyone in India is watching. That would be 1 billion people. Maybe some of them are watching TVs in shop windows, like the people in "Slumdog."
9:21: Colin Farrell wins the Best Actor in a Comedy/Musical. He says things like "Ignorance is nemesis."
9:32: Sacha Baron Cohen is riffing on the subject of economic hard times. "Even Madonna has had to get rid of one of her personal assistants. Our thoughts go out to you, Guy Ritchie." The audience sighs with disapproval... and also laughs. The award he's presenting is Best Musical/Comedy. Ah! "Vicki, Christina, Barcelona." Nice to see a Woody Allen movie win.
9:40: Best Drama Actress. This is the one where the GG website seemed to reveal that Anne Hathaway had won. But no! It's Kate Winslet!!!! Our Kate! She's won twice! "Okay. Gather." "I want to thank my beautiful agents."
9:46: Best TV Drama: "Mad Men."
9:53: Best Drama Actor. Mickey Rourke! I'm glad he won over Sean Penn simply because he's there and Sean is not. He gets a big, enthusiastic standing ovation. He looks really cool — sleazy cool — with stringy, highlighted hair, a mustache, light sunglasses, dark spray-on tan, dark satin lapels, and a dark sequined scarf. It shows that he really wanted it. He's touchingly pleased and genuinely humble.
10:00. Tom Cruise is here to give the Best Drama award, and I think we know it's going to be... it is... "Slumdog Millionaire."
10:03: The producer accepting the award, getting rushed to wrap up, says "Oh, fuck!" and the audio is removed. So we know it was tape delayed, and I wonder if this will affect the Supreme Court's "fleeting expletives" case. See? It's not hard to snip out the fleeting expletive. And here it is so conspicuously demonstrated. (And now, I can put the "law" tag on this post.)
10:07: Ah, finally, it's over. Highlights: Kate winning twice. Mickey Rourke. All the kudos to "Slumdog."
6:05: Commenting on her success, Miley Cyrus says she's not a big planner, but "God has a plan." She looks pretty there in her very long drapey white dress, with her dad who's flat-ironed his hair as much as a man possibly can.
6:15: Steve Carrell bows down to Ricky Gervais.
6:27: Gah! I screwed up the title line. Fixed. Sorry. The red carpet stuff is made less glamorous by the presence of TV folk, who seem especially interested in getting camera time. Meanwhile, we see Kate Winslet lurking over there, looking splendid.
6:29: Vanessa Hudgens's hair doesn't just look like a wig, it looks like a play wig. Jessica Lange is escorting Drew Barrymore. They are holding hands. I love Drew's hair — it seems to be inspired by Marilyn Monroe after a long night of drinking. Blah! Now it's Jeremy Piven whining about his ailment that no one believes he has.
6:41: Kate Winslet and Leonardo DiCaprio together again. This time he's the one who looks ever so slightly bloated. She's wearing a black dress and looks so good wearing red lipstick that maybe all of us women will be wearing red lipstick tomorrow.
6:47: Is that Tom Cruise's phone ringing? He's moved off to the side so Nancy O'Dell can get to Robert Downey Jr. — who's wearing dark sunglasses and looks very unkempt, yet brags about his sobriety — and then Sting — who's very red and bloated and bearded. He needs to go on Tom Cruise's diet, because Tom looks radically rejuvenated, all sharp edges.
6:50: Marisa Tomei promotes her movie — "The Wrestler" — which she says is "very verité."
7:01: Jennifer Lopez is handing out the Best Supporting Actress movie award. And it's... Kate Winslet. She's acting flustered, which she attributes to her "habit of not winning things." She's glistening with sweat. And maybe the rest of us women will try to be glistening with sweat tomorrow. She's thanking the movie makeup people for "making me look so old." [LATER: Ricky Gervais says he told her if she did a Holocaust film she'd win. This is a reference to the first episode of "Extras," where Winslet plays herself as an actress who is doing a Holocaust film in order to win an Oscar.]
7:07: Best Song. I was going to say I don't care, but then I see that the "Gran Torino" song is up. And there's Bruce Springsteen, who bellyached his way through a typical Bruce Springsteen song for "The Wrestler." And damned if he doesn't win. "This is the only time I'm going to be in competition with Clint Eastwood. That's for sure."
7:19: Supporting TV Actor. I guess Ben Franklin will win. Yeah. Tom Wilkinson. One of these days I'll finish watching the episodes of "John Adams." It wasn't my favorite sort of thing, but Wilkinson was good in it. He's acting quite geezerly now.
7:22: Supporting TV Actress. The only one I know is Laura Dern from "Recount." And she wins. She played Kathrine Harris — very amusingly. Oh, now, she's blabbering about the election and looking forward to "amazing change in this country." I hope that doesn't make anyone else think now would be a good time to talk politics. At least, her little TV movie was about a presidential election.
7:31: Best TV Actor is Gabriel Byrne, but he's not there. So on to Best TV Actress. Anna Paquin wins for "True Blood." Remember how cute she when she won an Oscar -- as a little girl? By the way, the presenters are the 2 young actors who are playing Captain Kirk and Spock in some new "Star Trek" project. They look interestingly like William Shatner and Leonard Nimoy — but handsomer — younger and handsomer.
7:40: "Wall-E" wins for animated movie, and the guy accepting the award thanks his kids and says they inspire every emotion he tries to capture on film. That sounds nice until you think about it for about 2 seconds.
7:45: Best Actress in a Comedy/Musical goes to Sally Hawkins, and I'm sorry I didn't see "Happy-Go-Lucky." She beat Meryl Streep, who detains her on the way to the stage. Bow to the Streep. She beat Emma Thompson too. And Frances MacDormond. That's some major ass-kicking.
7:56: Jessica Lange and Drew Barrymore are still holding hands. They're presenting the Best TV Mini-Series or Movie. Unsurprisingly, "John Adams" wins. Surprisingly, the award is accepted by Tom Hanks. He could use some makeup.
8:01: Best Supporting Actor in a movie. Heath Ledger wins. He's not there to accept the award... needless to say. The director Christopher Nolan accepts the award. They show the "You complete me" clip.
8:05: Here's a list of all the nominees, in case you're wondering who the losers are. Now, here's Tom Brokaw. Why? Oh, he's introducing the clips for "Frost/Nixon." Funnily spoofed on "SNL" last night as "Frost/Other People."
8:09: Best Foreign Film. Oh! Israel won. "Waltz with Bashir." The producer accepts and says he hopes when his kids watch the film some day, the war it depicts will be something from the past.
8:13: Actress in a TV Mini-Series/Movie goes to Laura Linney — Abigail Adams — and it's no surprise. She's wearing an ugly dress and that hairstyle that mainly consists of not brushing.
8:22: Movie Screenplay. "Slumdog Millionaire." Excellent!
8:24: Best TV Actor. Alec Baldwin. I don't watch his show, but maybe I should.
8:33: Actor in a TV Mini-Series/Movie. Of course, it will be Paul Giamatti, right? Yes.
8:38: Best TV Comedy series. Obviously, it will be "30 Rock." I've never watched it. Heard it's good.
8:45: Original Movie Score. Gotta be "Slumdog." Yeah. A lot of movie music is just background emotional mainipulation, but "Slumdog" had some really exciting stuff. The composer thanks the "billion people from India."
8:48: Everyone seems to know that Tina Fey will win Best TV Actress, and she does. She's got a dress cut all the way down to the waistband, but don't get nervous. It's clearly glued on. She's bitching about the internet. She's telling specific bloggers — I think they're bloggers, they sound like bloggers — they can "suck it." It's nice to know the celebs read what the bloggers say about them and that it can bug them.
9:03: I'm not interested in watching the honoring of Steven Speilberg. It's not about this year's movies. It's such a drag. I hate all the shots of actresses faces — all that admiration. I imagine them all thinking about whether they look pretty giving the impression of caring.
9:15: A big one: Best Director. I say out loud: Danny Boyle. And that's right. It's Danny Boyle. I loved "Slumdog Millionaire" — saw it twice. Apparently, everyone in India is watching. That would be 1 billion people. Maybe some of them are watching TVs in shop windows, like the people in "Slumdog."
9:21: Colin Farrell wins the Best Actor in a Comedy/Musical. He says things like "Ignorance is nemesis."
9:32: Sacha Baron Cohen is riffing on the subject of economic hard times. "Even Madonna has had to get rid of one of her personal assistants. Our thoughts go out to you, Guy Ritchie." The audience sighs with disapproval... and also laughs. The award he's presenting is Best Musical/Comedy. Ah! "Vicki, Christina, Barcelona." Nice to see a Woody Allen movie win.
9:40: Best Drama Actress. This is the one where the GG website seemed to reveal that Anne Hathaway had won. But no! It's Kate Winslet!!!! Our Kate! She's won twice! "Okay. Gather." "I want to thank my beautiful agents."
9:46: Best TV Drama: "Mad Men."
9:53: Best Drama Actor. Mickey Rourke! I'm glad he won over Sean Penn simply because he's there and Sean is not. He gets a big, enthusiastic standing ovation. He looks really cool — sleazy cool — with stringy, highlighted hair, a mustache, light sunglasses, dark spray-on tan, dark satin lapels, and a dark sequined scarf. It shows that he really wanted it. He's touchingly pleased and genuinely humble.
10:00. Tom Cruise is here to give the Best Drama award, and I think we know it's going to be... it is... "Slumdog Millionaire."
10:03: The producer accepting the award, getting rushed to wrap up, says "Oh, fuck!" and the audio is removed. So we know it was tape delayed, and I wonder if this will affect the Supreme Court's "fleeting expletives" case. See? It's not hard to snip out the fleeting expletive. And here it is so conspicuously demonstrated. (And now, I can put the "law" tag on this post.)
10:07: Ah, finally, it's over. Highlights: Kate winning twice. Mickey Rourke. All the kudos to "Slumdog."
Monday, December 1, 2008
Is the f-word indecent or just coarse and unmannerly?
It makes a difference, according to Jeffrey Rosen, talking about the Supreme Court's pending "fleeting expletives" case. (The question is what can the FCC do to broadcasters if Cher suddenly says "People have been telling me I'm on the way out every year, right? So fuck 'em" and so forth.)
At the Supreme Court argument, Justice Antonin Scalia lamented the "coarsening of manners," adding, "I am not persuaded by the argument that people are more accustomed to hearing these words than they were in the past." I share Scalia's concerns about the coarsening of public manners on television, but he is willfully denying the evidence that most Americans no longer view fleeting expletives as indecent. The Supreme Court has said that the FCC can only ban epithets that are considered genuinely offensive by contemporary community standards. For that reason, the justices should strike down the Bush FCC's fleeting expletive policy, and, if they don't, the Obama FCC should repeal it. But this suggests a real problem--the vulgarization of culture--without a clear legal, political, or even technological solution.I originally wrote out "fuck" in the post title, but then I changed it.... if that means anything. I doubt if my sensibilities here are much more probative of what "people" are accustomed to hearing these days than Scalia's.
Labels:
dirty words,
FCC,
fleeting expletives,
free speech,
George Carlin,
Jeffrey Rosen,
law,
Scalia,
Supreme Court
Subscribe to:
Posts (Atom)