Both Time and Newsweek magazines are giggling at the Supreme Court oral arguments on the fleeting-TV-profanity case of FCC vs. Fox Television Stations. The court is considering if it has the authority to regulate obscene language on the public airwaves.
Time noticed Justice Antonin Scalia joking that "Bawdy jokes are OK, if they are really good." Newsweek reported that Justice John Paul Stevens wanted to know if "dung" was a dirty word.
The magazines that aspire to define history saw this Supreme Court argument as only good for a laugh. Maybe it was. After all, Barack Obama will soon be president, and Hollywood's heavy investment in his presidential campaign will surely pay great dividends in moral laxity at the FCC and silence in Obama's liberal bully pulpit.
But in the search for cute quotes to illustrate their dismissive tones, both magazines skipped the defining cultural exchange of that hour. When Justice Stevens asked if there were changes in community standards over the last 30 years, if society had grown more tolerant of curse words, Carter Phillips, the profanity-favoring attorney for Fox, proclaimed: "I believe that society is significantly more tolerant of these words today than it was 30 years ago." Justice Scalia replied: "Do you think your clients have had anything to do with that?"
The answer is, of course, self-evident. There is no greater cultural influence on impressionable youth than the entertainment industry. Both a bucket of scientific studies and plain common sense validate this, but Phillips, being the kind of clever lawyer who can seem plausible as he expresses the completely ridiculous, rejected any responsibility: "In the scheme of things, probably very, very little to do with that compared to the way the language is used. Go to a baseball game, Justice Scalia. You hear these words every time you go to a ball game."
Justice Scalia sensibly argued to the senseless Mr. Phillips that there is a great difference between broadcast television and a comparatively private utterance to people within earshot at a stadium. Scalia said he doesn't agree that the public is more tolerant of profanity, just more resigned to it. He was idealistic enough to say that television should have a higher aim, of living up to a linguistic standard of what is "normal in polite company."