In a 2-1 decision, the U.S. Court of Appeals for the Second Circuit in New York City ruled that the FCC went too far in issuing a 2006 decision against Fox Broadcasting for separate incidents in 2002 and 2003 when singer Cher and celebrity Nicole Richie each uttered an expletive on live television.

The ruling is a rebuke to the FCC and a victory for the TV networks, which have pushed back against the FCC's crackdown on indecency in recent years.

In 2004, the agency reversed years of policy and effectively branded even "fleeting," or one-time, use of an expletive off-limits on broadcast TV and radio, angering Hollywood, which warned of a chilling effect on programming.