The Supreme Court in FCC v. Fox II punted–and pissed–on the First Amendment issue and decided the case based on a silly due-process lack-of-notice argument. Whatever. But the Court was clear that next time around it may not be so nice:
Third, this opinion leaves the Commission free to modify its current indecency policy in light of its determination of the public interest and applicable legal requirements. And it leaves the courts free to review the current policy or any modified policy in light of its content and application.
In other words, get your shit together or else.
RBG was not so sanguine:
In my view, the Court’s decision in FCC v. Pacifica Foundation, 438 U. S. 726 (1978), was wrong when it issued. Time, technological advances, and the Commission’s untenable rulings in the cases now before the Court show why Pacifica bears reconsideration. Cf. FCC v. Fox Television Stations, Inc., 556 U. S. 502, 532–535 (2009) (THOMAS, J., concurring).
And yes, I used several of the seven dirty words in this post intentionally.