Showing posts with label fleeting expletives. Show all posts
Showing posts with label fleeting expletives. Show all posts

Tuesday, March 1, 2011

Chief Justice Roberts teaches a language lesson: "The noun 'crab' refers variously to a crustacean and a type of apple, while the related adjective 'crabbed' can refer to handwriting that is 'difficult to read'..."

"... 'corny' can mean 'using familiar and stereotyped formulas believed to appeal to the unsophisticated,' which has little to do with 'corn,' ('the seeds of any of the cereal grasses used for food'); and while 'crank' is “a part of an axis bent at right angles,' 'cranky' can mean 'given to fretful fussiness."

And the point is, a corporation may be a "person" within the meaning of the Freedom of Information statute, but that doesn't mean it's gets in on the "personal" privacy referred to elsewhere in the statute.
[I]n ordinary usage, a noun and its adjective form may have meanings as disparate as any two unrelated words. ...

"Person" is a defined term in the statute; “personal” is not. When a statute does not define a term, we typically “give the phrase its ordinary meaning.”... “Personal” ordinarily refers to individuals. We do not usually speak of personal characteristics, personal effects, personal correspondence, personal influence, or personal tragedy as referring to corporations or other artificial entities. This is not to say that corporations do not have correspondence, influence, or tragedies of their own, only that we do not use the word “personal” to describe them.

Certainly, if the chief executive officer of a corporation approached the chief financial officer and said, "I have something personal to tell you," we would not assume the CEO was about to discuss company business. Responding to a request for information, an individual might say, "that’s personal." A company spokesman, when asked for information about the company, would not.
Crisply explained!

IN THE COMMENTS: rhhardin said:
While he's got the FCC's attention, mention that the "fucking" in "fucking brilliant" is not an adjective.
Ha! He's referring to this FCC opinion:
The complainants allege that the licensees named in their respective complaints aired the “Golden Globe Awards” program, during which the performer Bono uttered the phrase “this is really, really, fucking brilliant,” or “this is fucking great.”...

The word “fucking” may be crude and offensive, but, in the context presented here, did not describe sexual or excretory organs or activities. Rather, the performer used the word “fucking” as an adjective or expletive to emphasize an exclamation. Indeed, in similar circumstances, we have found that offensive language used as an insult rather than as a description of sexual or excretory activity or organs is not within the scope of the Commission’s prohibition of indecent program content.
"Fucking" can be an adjective, as in "You're a fucking crank," "Watch out for the fucking crab," or "I can't believe you're serving fucking corn again," but in the Bono boast, it's a fucking adverb.

Tuesday, April 28, 2009

The Supreme Court decides the "fleeting expletives" case.

SCOTUSblog reports:
Splitting 5-4, the Supreme Court upheld the government’s power under existing law to ban the use on radio and TV of even a single four-letter word that is considered indecent — but left open the question of whether the ban might violate the First Amendment, at least in some situations. The Court, in an opinion by Justice Antonin Scalia, said the Federal Communications Commission’s switch in policy to ban even a fleeting use of such a word was “entirely rational” under the law that governs federal administrative powers....

His written opinion, in a case dealing with uses of those four-letter words during performance awards broadcasts involving celebrities, took a swipe at “foul-mouthed glitteratae from Hollywood.”
Glitteratae... female glitterati? Cher was involved. And Nicole Ritchie.
Basically, the ruling simply means that the FCC provided a sufficient explanation of why it switched from a more relaxed policy on “dirty words” to a near-total ban on “fleeting expletives.”
So the constitutional free-speech question remains.
... Justice Clarence Thomas, in a separate concurring opinion, said he would be open to reconsidering two of the Court’s major precedents that allow the government the constitutional authority to treat broadcasting differently from the rest of the press for First Amendment purposes. Those two precedents — Red Lion Broadcasting v. FCC in 1969 and FCC v. Pacifica Foundation in 1978 — brought a “deep intrusion into the First Amendment rights of broadcasters”....
Bring it on.