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NEW YORK (AP) - An appeals court said a new federal policy against accidentally aired profanities on TV and radio was invalid, noting that vulgar language had become so common that even President Bush has been heard using expletives.
The 2nd U.S. Circuit Court of Appeals ruled Monday in favor of a Fox Television-led challenge to the policy and returned the case to the Federal Communications Commission to let the agency try to explain how its policy was not "arbitrary and capricious." The court said it doubted the FCC could.
The broadcasters had asked the appeals court last year to invalidate the FCC's conclusion that profanity-laced broadcasts on four shows were indecent, even though no fines were issued. The FCC said the "F-word" in any context "inherently has a sexual connotation" and can be subject to enforcement action.
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