While accepting her Lifetime Achievement Award at the 2002 Billboard Music Awards, Cher said "fuck 'em" regarding those she felt had criticized her throughout her career.[1]
During the January 2003 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 get cowshit out of a Prada purse? It's not so fucking simple."
During a victory lane interview following his win at the 2004 EA Sports 500 NASCAR driver Dale Earnhardt Jr. stated "It don't mean shit right now, daddy's won here 10 times." When he was asked what he felt about winning at the track for the fifth time, with "Daddy" being in reference to his father Dale Earnhardt. He was later fined $10,000 by NASCAR and lost 25 points in the 2004 NASCAR Nextel Cup Series due to the comment.[2]
On an episode of Big Brother 10 (2008), there was a heated argument with many muted expletives; however, one went through when someone said, "Memphis was in the fucking room."
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 on Saturday Night Live.[3]
On December 18, 2011, during a CBS broadcast of the Cincinnati Bengals at the St. Louis Rams, St. Louis guard Harvey Dahl protested referee Jerome 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 commentator Dan 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 the Boston Marathon bombing, Boston Red Sox player David Ortiz said, "This is our fucking city."[13]FCC chairman Julius 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 to Ted 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.
In a ruling issued April 28, 2009, the United States Supreme Court ruled to uphold the Federal Communications Commission (FCC) fleeting expletive rule.[23] The court reversed a lower court ruling in the 2nd U.S. Circuit Court of Appeals in New York which found in favor of Fox Television that the FCC had not properly followed procedures in creating the rule. In the 5–4 ruling by Justice Antonin Scalia, "the court did not definitively settle the First Amendment implications of allowing a federal agency to censor broadcasts."[24] Instead the court suggested the First Amendment issue should be raised in a Federal Appeals Court.
In a ruling announced July 13, 2010, the U.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 protected First 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.[25]
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."[26]
FCC Chairman Julius 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."[26]
In June 2012, the Supreme Court rescinded several fines issued by the FCC regarding indecent content, including the Fox case stemming from the 2002 Billboard 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 to due process. The court did not address the policies themselves.[27][28]
In cases of live microphones capturing profanities used by players during a football game, the Canadian Broadcast Standards Council (CBSC) adopted the opinion that under the Code of Ethics of the Canadian 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.[29]
