In Fox Television Stations Inc.v.United States Federal Communications Commission the FCC had followed a restrained enforcement policy for profanity used on television.They used a two prong test to judge indecency violations.The FCC also offered a three part test to determine whether or not material was patently offensive.In 2003 Bono's acceptance speech at an awards show included the use of the word f**k and the FCC ruled that it did not violate the indecency policy.After that,the FCC instituted a zero tolerance rule for certain words no matter what the circumstance.In 2006 Fox was fined when presenters at an award show used an explicative similar to Bono's usage in 2003.Fox brought an action to have the new standard invalidated.The court held that:

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The court held that the new standard was not valid because the FCC had not provided any reasoned analysis as to the rationale for the change. In other words, the FCC did not give a compelling reason for why they changed their policy, and so the court found their new standard to be invalid.