SG Brief Mostly Avoids Four-Letter Words in Fleeting Expletives Case
Outgoing U.S. Solicitor General Paul Clement tries to avoid two vulgarities in the so-called fleeting expletives case before the U.S. Supreme Court.
A Supreme Court brief submitted by Clement uses the words in the statement of facts but then substitutes “F-Word” and “S-word,” SCOTUSblog reports. At issue is whether the Federal Communications Commission can fine broadcasters for celebrities’ unscripted use of the words during live TV appearances.
The New York City-based 2nd U.S. Circuit Court of Appeals had issued an injunction against the policy, ruling that the F-word isn’t indecent enough to trigger penalties when inadvertently used. SCOTUSblog says “it’s fair to assume” Sidley & Austin’s brief for the broadcasters will use the words to make the point that they are not that inherently shocking.
Indeed, Fox lawyer Carter Phillips said the two words almost immediately during 2nd Circuit oral arguments.
