The Supreme Court ruled today on a case pitting Fox Entertainment against the FCC and involving the use of naughty language on TV. The crux of the debate centered on “fleeting expletives” like when Bono of U2 appeared at an awards ceremony and used the phrase “fucking brilliant” in his acceptance speech.
The court’s ruling actually shied away from taking a position on the Constitutional question of free speech, preferring to decide narrowly on whether the FCC rules were “arbitrary and capricious.” In the end, with six justices writing separate opinions, the court overruled by 5 to 4 a 2nd Circuit decision in favor of Fox. The decision affirmed the FCC’s regulations regarding profanity, but sent the issue of free speech back to the 2nd Circuit for a reasoned analysis.
In this matter I would actually line up with Fox inasmuch I don’t like the FCC setting moral boundaries for expression. But Justice Antonin Scalia had to go and make such an asinine statement in his opinion that I just can’t let it stand:
“We doubt, to begin with, that small-town broadcasters run a heightened risk of liability for indecent utterances. In programming that they originate, their down-home local guests probably employ vulgarity less than big-city folks; and small-town stations generally cannot afford or cannot attract foul-mouthed glitteratae from Hollywood.”
What a complete and utterly idiotic remark. Brooklyn-bred Scalia obviously doesn’t know a fucking thing about down-home folks or small towns. He is a big-city, elitist asshole whose only acquaintance with Hollywood glitteratae is via his perverse imagination and insulting stereotypes.
It is embarrassing beyond description that someone this stupid remains a sitting Justice on America’s highest court.