The networks had argued the FCC's indecency policy should be thrown out because of advances in technology that have given viewers many other programming choices. The FCC had argued in favor of its policy, which was previously struck down by a lower court. But the Court left the Commission some wiggle room by leaving it "free to modify its current indecency policy in light of its determination of the public interest and applicable legal requirements." The decision also "leaves the courts free to review the current policy or any modified policy in light of its content and application."
The decision vacates the Court of Appeals judgment and remands the cases for further proceedings, which could eventually include consideration of the constitutionality of the FCC's policing of nudity and profanity on the airwaves. But in the interim, it is unclear how the FCC will choose to proceed. The Commission has pursued every legal avenue in this case, but it remains a Bush-era policy and the current FCC hasn't given much indication of where it stands on indecency. Whether the Commission will indeed choose to update the policy or abandon it entirely remains to be seen, and expect furious action from advocacy groups claiming to represent the interests of parents and children. But today is clearly a victory for the networks, who claim that potential punishment for fleeting expletives results in self-censorship of live broadcasts.