Napping won out over punditry today for your age-impaired Hosts, here at f/k/a. The best I can do (actually, the most I’m willing to do) for legal punditry this afternoon is a quick reminder that the federal 2nd Circuit Court of Appeals issued an important and interesting opinion earlier this week on the use of “dirty words” on television. In Fox Television Stations, Inc. v. FCC, 06-1760, the appellate court rebuffed the Bush Administration’s attempt to more strictly regulate the use of “fleeting expletives.” As a New York Times editorial, “Expletive Policy Deleted” (June 6, 2007), explains:
“For years, the F.C.C. had a reasonable, practical approach to live broadcasts. It recognized that coarse language sometimes slips in and if the offensive words were relatively isolated events, stations could carry them without fear of punishment. But in recent years, the F.C.C. decided to go after broadcasters that carry programs with even “fleeting expletives,” like Cher’s and Ms. Richie’s [on Billboard Music Award shows].”
You can read it here, and learn more about the decision in “2nd Circuit Finds FCC’s Policy on ‘Fleeting Expletives’ Arbitrary,” New York Law Journal (June 5, 2007); and “Court Rebuffs F.C.C. on Fines for Indecency,” New York Times (June 5, 2007). As usual, weblog maven Howard Bashman has the appeal covered in spades,at How Appealing; go here, and follow the included links.) Summarizing the essence of the opinion, the NYT article says, “If President Bush and Vice President Cheney can blurt out vulgar language, then the government cannot punish broadcast television stations for broadcasting the same words in similarly fleeting contexts.” The commission had found that “the mere utterance of certain words implied that sexual or excretory acts were carried out and therefore violated the indecency rules.” The article notes that the appellate court disagreed:
But the judges said vulgar words are just as often used out of frustration or excitement, and not to convey any broader obscene meaning. “In recent times even the top leaders of our government have used variants of these expletives in a manner that no reasonable person would believe referenced sexual or excretory organs or activities.”
it’s not swearing
it’s the only language
those cows understand
….. by DeVar Dahl – A Piece of Egg Shell
making even the cherry tree
curse…
thicket mosquitos
they curse the first snow
like it’s a beggar…
rest stop…………………………… by Issa, translated by David G. Lanoue
Meanwhile, I’m gonna stretch and yawn, and pass on a handful of haiku from Issa and the f/k/a haijin gang:
over my midday nap
the scent of lotuses
meanders
while napping
swish-swish stroked
by the willow
the stepchild’s chore–
during baby’s midday nap
picking fleas
tired of feeding
on the horse
the horsefly naps
a noon nap
on a good day…
first rainbow
his quick nap
is just pretend…
hermit crab
…………………. by Kobayashi Issa, translated by David G. Lanoue
afternoon nap
i fall asleep
in a dream……………………………. by ed markowski
within the red wine
a nap in my chair
…………….. by Tom Clausen – Upstate Dim Sum (2003/II)
afternoon nap
our bare bottoms
kiss
……………. by David G. Lanoue – Dewdrop World (2005)
chilly day in May –
the old cat naps
in a sunny window
rainy christmas
while we nap
the lawn goes from white to green
………………. by dagosan
in no time
filled with sleep wrinkles…
my summer kimono………………………………….. by Issa & Lanoue