The Federal Communications Commission did not provide sufficient justification for a policy change under which it planned to penalize the use of “fleeting expletives” on television, the 2nd U.S. Circuit Court of Appeals ruled Monday.

The circuit found that the FCC acted “arbitrarily and capriciously” when it warned the Fox Network it intended to sanction it for obscenities uttered by Cher and Nicole Richie on televised awards shows.

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