More or less a technicality--the court decided that the changes in FCC 
rules were made *after* the awards show and "NYPD Blue" airings that were 
the focus of the rulings against Fox and ABC--most likely, a different form 
of these cases will come rolling around again and the Supreme Court changes 
of either President Obama or Romney could be the factor that resolves this:
 
http://www.huffingtonpost.com/2012/06/21/supreme-court-fleeting-expletives-fox-v-fcc_n_1614368.html?1340289480&ncid=edlinkusaolp00000009

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