While accepting her Lifetime Achievement Award at the2002Billboard Music Awards,Cher said "fuck 'em" regarding those she felt had criticized her throughout her career.[1]
During the January2003 Golden Globe Awards,Bono accepted an award exclaiming, "This is really, really, fucking brilliant."
At the December 2003 Billboard Music Awards,Nicole Richie said, "Have you ever tried to getcowshit out of aPrada purse? It's not sofucking simple."
InNASCAR, Victory Lane interviews had a history of drivers and pit crew members swearing on live television. Some examples includeChad Knaus, the crew chief forNASCAR driverJimmie Johnson, was fined $5,000 by NASCAR for cursing during an interview following Johnson's victory in the2002 MBNA Platinum 400 atDover Motor Speedway on June 2 of that same year. NASCAR driverDale Earnhardt Jr. following his win at the2004 EA Sports 500 atTalladega Superspeedway stated "It don't meanshit right now, daddy's won here 10 times." He was asked what he felt about winning at the track for the fifth time, with "Daddy" being a reference to his fatherDale Earnhardt. He was later fined $10,000 by NASCAR and lost 25 points in the2004 NASCAR Nextel Cup Series due to the comment.[2] And in the following year,Tony Stewart was also fined $25,000 and docked 25 points by NASCAR after cursing during his television interview following his win at the2005 Brickyard 400 inIndianapolis.
On an August 2008 episode ofBig Brother 10, there was a heated argument with many muted expletives; however, one went through when someone said, "Memphis was in the fucking room". The word aired uncensored through all CBS stations.
Jenny Slate said "and I fucking love you for that" during a parody of a talk show by biker women. It was her first appearance as a player onSaturday Night Live.[3]
On December 18, 2011, during aCBS broadcast of theCincinnati Bengals at theSt. Louis Rams, St. Louis guard Harvey Dahl protested refereeJerome Boger's holding call against him by saying, "I know you didn't just call me for holding. That's not fuckin' holding!" It was heard over the stadium PA system through Boger's open microphone, and aired. CBS commentatorDan Dierdorf apologized for the slip, and Dahl was assessed a second penalty for unsportsmanlike conduct.[10]
On April 20, 2013, during a passionate pre-game speech dedicated to the victims of theBoston Marathon bombing,Boston Red Sox playerDavid Ortiz said, "This is our fucking city."[13]FCC chairmanJulius Genachowski later tweeted from the official page of the organization, saying "David Ortiz spoke from the heart at today's Red Sox game. I stand with Big Papi and the people of Boston."[14] Although 25 complaints were lodged with the FCC, no action was taken and neither Ortiz nor the Boston Red Sox were fined for using the expletive.[15]
On November 6, 2018, during his concession speech, Beto O'Rourke said, "I'm so fucking proud of you guys!" after losing a Senate election toTed Cruz. It was aired on live television, and MSNBC later apologized for this occurrence. "Sorry for the F-bomb," said Brian Williams, a news anchor.
On May 12, 2008, as a live newsteaser was played onWNBC-TV inNew York City, longtime WNBC news anchorSue Simmons was heard loudly exclaiming, "The fuck are you doing?" over a shot of an active ferry crossing through the Upper Bay. It was later revealed that her remark was directed at distracted co-anchorChuck Scarborough.[19] After a commercial break, Simmons apologized on-air for her inappropriate language.[20]
In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission (FCC) fleeting expletive rule.[25] The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favor ofFox Television that the FCC had not properly followed procedures in creating the rule. In the 5–4 ruling by JusticeAntonin Scalia, "the court did not definitively settle theFirst Amendment implications of allowing a federal agency tocensor broadcasts."[26] Instead the court suggested the First Amendment issue should be raised in aFederal Appeals Court.
In a ruling announced July 13, 2010, theU.S. Second Circuit Court of Appeals struck down the FCC indecency policy on fleeting expletives. Calling it "unconstitutionally vague", the unanimous three-judge panel found the policy could infringe upon the constitutionally protectedFirst Amendmentfreedom of speech. According to the panel, the policy "created a chilling effect that goes far beyond the fleeting expletives at issue here", in part due to a lack of guidance on what content is considered offensive.[27]
Fox released a statement stating, "We have always felt that the government's position on fleeting expletives was unconstitutional," and, "While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through."[28]
FCC ChairmanJulius Genachowski indicated the commission will be "reviewing the court's decision in light of our commitment to protect children, empower parents, and uphold the First Amendment."[28]
In June 2012, the Supreme Court rescinded several fines issued by the FCC regarding indecent content, including the Fox case stemming from the 2002Billboard Music Awards. The court ruled that the FCC's change in enforcement policy to target fleeting instances of profanities and nudity on television was too vague, thus violating their rights todue process. The court did not address the policies themselves.[29][30]
In cases of live microphones capturing profanities used by players during afootball game, theCanadian Broadcast Standards Council (CBSC) adopted the opinion that under the Code of Ethics of theCanadian Association of Broadcasters, "given the goal of 'ensuring a 'safe haven' for audiences uncomfortable with the use of coarse or offensive language' some efforts need to be made to reconcile the potential for adult content", including viewer advisories.[31]
