Time for the Supreme Court to allow swearing on TV?
Curse words and nudity are all over cable TV. Now the Supreme Court is debating whether networks should be able to follow suit

In a case that could spell big changes for TV viewers, the Supreme Court is considering whether the government should stop preventing television networks from airing curse words and nudity now that most Americans have unlimited access to adult material on cable TV and the internet. The broadcasters want the justices to throw out a 1978 decision upholding the Federal Communications Commission's authority to police the airwaves, saying the policy to set decency standards is outdated and confusing. Is it time to loosen up the rules?
The end of the censorship is long overdue: In 2012, Americans are watching shows like Californication and Mad Men, says the Los Angeles Times in an editorial, but the supporters of FCC censorship — including some conservative justices, judging by their questions in this case — are stuck in 1963, ready for an episode of Bonanza or Gunsmoke. "Everyone has cable these days, and if you want shows featuring sex and drugs and bad language," all you have to do is click the remote. Singling out broadcast TV is unfair.
"Bonanza is alive and well at the Supreme Court"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The argument the networks' owners make is flawed: The broadcast networks are currently a haven for parents who want to protect their kids from the obscenities of cable, says Parents Television Council President Tim Winter at USA Today, and "our children deserve [that] modicum of protection." Besides, Disney, NewsCorp., Comcast, and Viacom, the companies who own the networks — and who claim they can't compete with cable in the current environment — "also own nearly all of the cable channels they are supposedly forced to compete against."
"Kids need protection from broadcast indecency"
At the very least the court should make the rules clearer: "It's long been said that indecency is in the groin of the beholder," says Alexandra Petri at The Washington Post. That explains why sometimes networks get fined for shows that air the f-word — or reveal a bare buttocks, as a 2003 NYPD Blue episode cited in this court case did — while the FCC doesn't bat an eye over the broadcasting of a film full of salty talk, like Saving Private Ryan. If dirty words are never OK, the justices should say so. If they're OK, but only in a Spielberg film, they should say that, too.
"Supreme Court justices, bare buttocks, and the FCC"
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Critics’ choice: Restaurants worthy of their buzz
feature A fun bistro, a reservation worth the wait, and a modern twist on Mexican dishes
By The Week US Published
-
Film reviews: Snow White, Death of a Unicorn, and The Alto Knights
Feature A makeover for Disney’s first animated feature, greedy humans earn nature’s wrath, and a feud between crime bosses rattles the mob
By The Week US Published
-
Bombs or talks: What’s next in the US-Iran showdown?
Talking Points US gives Tehran a two-month deadline to deal
By Joel Mathis, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published