Supreme Court Sends 'Wardrobe Malfunction' Case Back to Lower Court

In 2002, singer Cher said on a live broadcast of the Billboard Music Awards, "I've also had critics for the last 40 years saying that I was on my way out every year. Right. So f--- 'em."

In 2003, in another segment of the awards broadcast on live television, Nicole Richie made reference to her Fox television series, "The Simple Life," by saying, "Have you ever tried to get cow s--- out of a Prada purse? It's not so f------ simple."

Following the broadcast of the expletive, the FCC received complaints from parents across the country and changed its policy.

Today, Justice John Paul Stevens, writing in dissent, disagreed with the FCC's policy. "Even if the words that concern the Court in this case sometimes retain their sexual or excretory meaning, there are surely countless instances in which they are used in a manner unrelated to their origin."

For now, the case will be sent back to the lower court, which could address the constitutional question regarding the broadcaster's rights under the First Amendment.

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