the "we" did not include me, i dissented, with justices stevens suter and bryer. they court remanded the case to consider the constitutionality of the fcc's newly minted fleeting expletive policy. the court of appeals did so and struck down the fcc's broadcast indecency policy in its entirety, not simply as applied to fleeting expletives. the policy, this circuit panel majority concluded, was void for vagueness. we accepted the defendant's petition for review. during the argument in what we call fox 1, speculation abounded where the council for fox television would speak the f and s words before the supreme court as he did before the second circuit. he did not. this time, in fox 2, council for abc television one-upped his colleague. abc's council first reported that there had been nine seasons of unsanctioned nypd blue episodes that had fleetingly displayed bear buttocks. he then pointed to all of the bare buttocks carved in the freezers that adorn the courtroom walls. a gesture, perhaps, worth a thousand words. a fourth case on my select list, will be re-argued n