Why the “S” Word, “F” Word At Oral Argument During That Fleeting Expletive Case

Tony Mauro of the Blog of Legal Times passes on this tidbit from the Fox v. FCC oral arguments of a few weeks back. Justice Ruth Bader Ginsburg reviewed the case, as well as some other things, at an appearance for the 2nd Circuit Friday, and noted that the lawyer for Fox had said he would use the fleeting expletives themselves “unless instructed otherwise.” But at oral argument, he didn’t, nor did anyone else. Why didn’t he? The word was given. Justice Ginsburg said that the lawyers were told that some of the justices preferred “f” and “s” to a four letter onslaught. Who gave the word? Probably the Chief Justice. Read more here.