"Fleeting expletives" are the tip of the iceberg: fallout from exposing the arbitrary and capricious nature of indecency regulat

(95.) See Phil Rosenthal, The Gold Rush Is On, CHICAGO SUN-TIMES, Jan. 20, 2003, at 32 (the song was "The Hands That Built America" from Gangs of New York).

(96.) See Fox v. FCC, 489 F.3d at 459.

(97.) See Paul Kent, Waging War for Lost Sons, DAILY TELEGRAPH (Australia), July 22, 2006, Features, Inside Edition, at 64.

(98.) See Fox v. FCC, 489 F.3d at 459-60; see also Sheryl Gay Stolberg, Salty Language as Cheney and Senator Clash, N.Y. TIMES, June 25, 2004, at A18.

(99.) Golden Globes Bureau Decision, supra note 94, at para. 5.

(100.) See id.

(101.) See Golden Globes Order, supra note 13.

(102.) Id. at para. 7.

(103.) See id. at para. 8.

(104.) Fox TV Stations, Inc. v. FCC, 489 F.3d 444, 460 (2d Cir. 2007), cert. granted, 128 S. Ct. 1647 (2008); see also Order on Remand, supra note 3, at para. 29 (noting that television networks' own policies do not allow any expletives at any time of day, and which supports why even fleeting expletives are a rare occurrence).

(105.) Fox v. FCC, 489 F.3d at 460.

(106.) Id. at 461.

(107.) Id.

(108.) Id.

(109.) See Petition for Writ of Certiorari, supra note 21; see also Brief for the Petitioners, supra note 24, at 21-27.

(110.) Petition for Writ of Certiorari, supra note 21, at 16.

(111.) See Brief for the Petitioners, supra note 24, at 32.

(112.) Petition for Writ of Certiorari, supra note 21, at 19.

(113.) Brief for the Petitioners, supra note 24, at 28-29.

(114.) See id. at 34-35.

(115.) Id. at 39-41 (citing Action for Children's Television v. FCC, 58 F.3d 654 (1995), cert. denied, 516 U.S. 1043 (1996); Ginsberg v. New York, 390 U.S. 629, 641 (1968)).

(116.) See Petition for Writ of Certiorari, supra note 21.

(117.) Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 56 (1983).

(118.) Brief for the Petitioners, supra note 24, at 42.

(119.) Robert Barnes and Frank Ahrens, Supreme Court to Review FCC Ban on Profanity, WASH. POST, Mar. 18, 2008, at A01.

(120.) Hope Yen, Roberts Seeks Greater Consensus on Court, WASH. POST, May 21, 2006, available at http://www.washingtonpost.com/wp-dyn/ content/article/2006/05/21/AR2006052100678.html.

(121.) See, e.g., TIMOTHY JAY, CURSING IN AMERICA: A PSYCHOLINGUISTIC STUDY OF DIRTY LANGUAGE IN THE COURTS, IN THE MOVIES, IN THE SCHOOLYARDS AND ON THE STREETS 141-47 (1992) (discussing studies where a sample set of people were asked to rate the offensiveness of scores of words).

(122.) State Farm, 463 U.S. at 42-43.

Dave E. Hutchinson, J.D. Candidate 2009, Indiana University Maurer School of Law--Bloomington; A.B. Sociology 2003, Bowdoin College. The Author wishes to thank Tommy Burkart, Meghan Tepas, and his parents, Dennis Hutchinson and Diane Wood, for their love and support, and the Journal staff for their assistance.

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