The U.S. Supreme Court accepted an appeal on March 17 to examine the policies established by the Federal Communications Commission (FCC) regarding the fleeting use of expletives in broadcast programming. The appeal stems from a Second U.S. Circuit Court of Appeals ruling in June, which nullified the FCC policy and questioned whether such enforcement was constitutional.

Commenting on the Supreme Court action, NAB Executive Vice President Dennis Wharton said:

"NAB is pleased the Supreme Court has agreed to review this case, and that Justices will provide badly-needed clarity to both broadcasters and policymakers on this critically-important First Amendment case. We're confident that whatever the outcome of this case, local radio and television stations will be mindful of broadcasting's long history of providing programming that will reflect and respect the audiences that we serve."