one wouldn't have to report the expletive to report the victory. in fact, the broadcasters do apply their own standards -- >> but it was live. as i understand it, this was a live brought cast. >> i thought your honor's hype they will -- >> my hype thet colorado was rebroadcast. >> at some point the broadcasters apply their own standards, and if they nonetheless decided there was a crucial aspect of the reporting that required the broadcast of the expletive, then they would have a an argument. >> in the words of justice ginsberg, they had emotive content? >> i don't think the commission disputes that. even offensive words have an emotive content. the facts of this case are quite different, and i think the broadcaster's constitutional challenge is foreclosed. to the extent they are challenging the commission's authority to elaborate on indies eans regulations. >> wasn't it tightly cabinned in the words of justice ginsberg, and weren't the five votes achieved including two people, two members of the court, two justices, who only voted with the majorit

expletives. >> what if mr. estrada's example, and i am not aware of it, i missed it i guess i will say. >> they have never issued an order. i think he was referring to a letter of inquiry. >> so no penalty was assessed or contemplated. let's say that was on a sports broadcast and the coach came up and said that. abc news sports, section of abc news. today in a miracle, notre dame got beaten and the coach said, and then they broadcast it live? >> the commission has relied on responsible journalistic practices. i'm not sure how listed your hypothetical to be. one wouldn't have to report the expletive to report the victory. in fact, the broadcasters do apply their own standards -- >> but it was live. as i understand it, this was a live brought cast. >> i thought your honor's hype they will -- >> my hypothetical was rebroadcast. >> at some point the broadcasters apply their own standards, and if they nonetheless decided there was a crucial aspect of the reporting that required the broadcast of the ex

there are fleeting expletives, things that are said, wardrobe malfunctions.gical functions with these pickups and broadcasting. there is a rating system, five second ladies were you can delete things -- 5 second delays where you can delete things. i would suggest that is a better way to manage things, rather than to regulate to a point where broadcasters are unduly muscle. we are not pushing obscenity, because under the rules now, if broadcasters wanted to be obscene, that could be after 10:00 p.m.. but you do not see letterman tried to be obscene, or leno. they still adhere to humor, hopefully without the obscenity. broadcasters understand their responsibility. at the same time, we do about your freedom of speech. >> a number of broadcasters want to go back to the supreme court on first amendment issuesÑi and suggested should be broadcasters and the community, not the fcc. >> i acknowledge that some do want that. several of my friends are for it, and some are against it. i am with my friends. how is that for a political answer? there is a range ofñr feelings

word to say take one, expletive and when everything just basically elevated. >> this is according to steven a. smith's sources, cnn hasn't confirmed that. good information, steven. did they have a beef before this? did you know anything before this? >> not to my knowledge. the sad thing, gilbert arenas is a very affable individual to know him, a lot of people like him. he doesn't mean any harm to anybody in usual circumstances, but he is going through a lot in his life. this is a guy abandoned by his mom at the age of 3 1/2 years old. >> that is not an excuse. not an excuse anyone should act in that behavior. >> who is saying it anst an excuse. that wasn't me, just giving you some background information to the psychological issues that this guy has had to deal with. that is just one of the things. obviously, when you get $111 million, you get a bit of a big head. clearly, he is engaged in a strong level of idiocy and be dealt w i can assure you this whether it is the u.s. attorney's office, whether it is the metro police in d.c., no matter what they do, trust me, commissioner david s

there are fleeting exme tiffs, there are -- expletives, there are things which are said, wardrobe malfunctions, there are technological functions to these hiccups in broadcasting. there's the v chip, there's a rating system, there's five-second delays where you can dump stuff or bleep things. i would suggest that that is a better way to manage this than to regulate to the point where broadcasters just are unduly muzzled, but i would point out we're not in, we're not push being obscenity because under the rules now if broadcasters wanted to be obscene, they could be after 10 p.m. but you don't see letterman trying to be obscene or leno. they, they still cue to the humor, hopefully, without the obscenity. [laughter] and that's the indecency, rather. and so broadcasters understand their responsibility at the same point we do value our freedom of speech. >> host: a number of broadcasters want this to go back to the supreme court on the first amendment issues and suggest that it is community standards, but it should be broadcasters and the community, not broadcasters and the community and the fcc.

he had good expletives, too. he was a terrifying man.ead was this big and it went that way, too so you never knew which side you had coming at you. and so there he was waiting to be rescued and they got a kid from the navy department who started to push his chair in front of him across the cabinet room and the kid didn't know where he was going so the president is beginning to vanish in one room after another in the white house. and finally the kid panics and the chair runs away, and there is the president racing across to rooms buy then and the police suddenly inspired. he sees an open door that doesn't seem too dangerous. he aims for the door which proves to be supplies to keep a great empire going. in those days it was carbon paper largely. and suddenly the president is propped with all of this carbon paper still trying to get out and nobody coming to his rescue. and finally he got -- he said in that glorious blease "no presidents assassination is my assumption i shall vanish from your view because i have been filed. laughter come wel

vowing that in 2009 i'll use the word [ expletive ] in every board of supervisors meeting.. >> what his constituents and fellow politicians think about his promise. >>> thousands of people are receiving flee gifts on their birthday, or so they think. hln money expert, clark howard, tells us about a money offer you may not want to expect. >> happy birthday wishes from me whenever your birthday is. well, actually i don't know when your birthday is, but a lot of marketers do. and in fact, you've got to be careful out there when you get birthday wishes -- listen to this recorded by the "los angeles times" -- people are receiving happy birthday cards in the mail that wish them a happy birthday and offer them all kinds of free gifts for their birthday, like a pair free airline tickets, a free week of car rental. just make this phone call. so you call up, and guess what, in order to get your supposedly free stuff, you have to come in and hear a time share presentation. come on -- when the "l.a. times" interviewed one of the time share operators, and said, why don't you just tell p

there are fleeting expletives, things which are set, wardrobe malfunctions, there are technological functions to these pickups in our -- and broadcasting. there's the v. chip. the 52nd delay. i would suggest that is a better way to manage this band to regulate to the point where broadcasters just are unduly muzzled, but i would point out that we are not pushing obscenity. because under the rules now, if broadcasters wanted to be up seen, they could eat after 10:00 p.m. but you don't see lettermen trying to be up seen orlando. they still appeal to humor, hopefully without the affinity. and that's the indecency rather. and so, broadcasters understand the responsibility at the same point we do value our freedom of speech. >> host: and number of broadcasters want us to go back to the supreme court on the first amendment issues and suggest that it is community standards, but it should be broadcasters in the community, not broadcasters in the community and the fcc. >> guest: john, i acknowledge that some do want that and some of my friends are for it in some of them are against it. i'm with my frie