Fox, in a brief to the Second Circuit Court of Appeals, asked the court to examine the constitutional question of whether broadcasters "should be entitled to the same First Amendment protection as other media," B&C reports.
The brief comes as the court continues to hash out the case of on-air swearing by Nicole Richie and Cher during the 2002 and 2003 Billboard Music Awards, which the FCC found indecent. In its brief, Fox said the FCC’s fleeting profanity rules will eventually be thrown out.
–Elizabeth Jensen
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