This is the Cato Daily Podcast for Tuesday, September 23rd, 2008.

I'm Caleb Brown.

Another highlight from the recent Constitution Day events at the Cato Institute,

Tom Goldstein is most widely known for his publication

of Skotis blog, the blog that chronicles the ins and outs of the nation's high court.

He gave a preview of some of the most important cases at the Supreme Court docket this next term.

The full Constitution Day audio is available at Cato.org.

The first one is the FCC v Fox which is the case involving fleeting expletives.

There's television cameras here and good people,

and so I won't give you any fleeting expletives.

Most expletives directed at me are not particularly fleeting.

But you get the idea. The case arises from in particular the 2003 Billboard Music Awards when

Nicole Ritchie, who's the daughter of Grammy Award winning singer and producer Lionel Ritchie turned to Paris Hilton who is just somebody who is an heiress to the Hilton Hotel Fortune and said, Nicole to Paris.

Paris, do you know how hard it is to get cow shit out of a Prada purse?

It's not so effing easy.

She didn't use effing.

This raised the important constitutional question,

how in the world do these people get a television show,

which has manifested itself in the Supreme Court in the question of whether or not

whether the FCC can constitutionally regulate that sort of fleeting expletives because the FCC announced a policy that it would henceforth

fine broadcasters for that kind of conduct and content on their networks.

But could the FCC consistent with the Administrative Procedure Act?

...