The Supreme Court begins its term on Monday, and the indications so far are that it could be a quiet year. There will be at least a few high-profile cases, on issues ranging from obscenity to church-state separation, but the swing vote of Justice Anthony Kennedy is likely to keep the court on a generally centrist path. The real excitement this fall is occurring on the outside — in a presidential race that could shape the court for years to come.
...This term’s docket includes Federal Communications Commission v. Fox Television Stations, a challenge by broadcasters to the F.C.C.’s policy on “fleeting expletives.” The commission, in a sharp reversal, started imposing large fines for television programming with brief profanities — like a Golden Globe awards show in which the singer Bono uttered a single offending word. A federal appeals court rightly struck down the policy, which seriously infringes on free speech. We hope the court sides with the broadcasters.
The court will also consider, in Pleasant Grove City v. Summum, whether a Utah municipality that allows a privately donated Ten Commandments monument to be displayed on public property must let another religion put up its own statue of similar size. The court should rule that the Constitution does not allow government to favor one religion over another....
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