Arguing that the Second Circuit’s remand of FCC orders on the airing of “fleeting expletives” leaves the agency in an untenable position, the U.S. Solicitor General, on behalf of the FCC, asked the Supreme Court to reverse the appellate court decision that was handed down in June. At issue is a series of FCC rulings that found indecent expletives that were aired during Fox Television broadcasts of the Billboard Music Awards in 2002 and 2003 and during NBC’s broadcast of the Golden Globe Awards in 2006. Although the FCC found that the utterances in question (which were aired during live telecasts) were “vulgar and graphic” and were unjustified “by any artistic purpose,” Fox successfully challenged the FCC’s decision on grounds that the FCC had failed to explain adequately what appeared to be a shift in policy, as the agency, in past pronouncements, had not always deemed such expletives to be indecent. While returning the rulings to the FCC, the Second Circuit also cast doubt on the FCC’s ability to provide an explanation that would pass constitutional muster. Complaining that the appeals court “has thus sent the Commission back to run a Sisyphean errand while effectively invalidating much of the Commission’s authority to enforce decency laws,” the Solicitor General told the high court that the Second Circuit ruling leaves the FCC in a quandary as, “on the one hand, the court of appeals found the Commission’s regulation of isolated expletives unjustified because it takes account of context, rather than adopting a per se rule of prohibition,” whereas “the alternative—a flat ban on any use of expletives, regardless of context—would almost certainly violate the First Amendment.” The Supreme Court is expected to decide by next June whether it will hear the FCC’s case.