In a 5-4 opinion written by Justice Scalia, the Supreme Court today upheld an FCC policy that prohibits the airing of one-time, unscripted expletives - you know, the kind of stuff we expect celebrities to say at awards shows. (see my prior post at First Amendment Law Prof blog for background).
The Court found that the policy was neither 'arbitrary or capricious' within the meaning of the Administrative Procedures Act. It punted on the First Amendment question though, remanding to the Second Circuit for a determination on that issue.
And who knew Scalia was such a shrinking violet. Not once in his 30 page majority opinion does he write the word 'fuck' in a case that's, well, about the word 'fuck.' But then again, neither do any of the other Justices.
Cohen be damned!