It began when viewers complained about expletives that occurred during the 2002 and 2003 Billboard Music Awards.  The FCC had a policy against such incidents and threatened Fox Broadcasting with fines if it happened again.  But the Second Circuit Court of Appeals took that oversight away from the FCC ostensibly giving networks the right to air unlimited profanity during prime time.  FCC spokeswoman, Penny Nance.

“We at the Federal Communications Commission have had the position that even one is too many when children are in the audience. Because of a lower court decision we have basically been handcuffed in our ability to fine broadcasters.”

Dan Isett with the Parents Television Council is watching the High Court closely.

“What’s really at stake here is the ability of the American people to establish reasonable rules for the use of the broadcast airwaves that they own.”

Pat Trueman of the Alliance Defense Fund is hopeful the Supreme Court will undo the decision from the Second Circuit.

“If the court of appeals is correct, the television and radio networks can do whatever they want, at anytime that they want on the public airwaves and that would be a very bad and dangerous thing for families.”

It’s been 30 years since the High Court has taken a major case on broadcast indecency.  This one will be argued this fall.