If the Federal Communications Commission wants to prevail in its crusade to get United States Supreme Court approval of its new "fleeting expletive" policy, it is going to have to convince the High Court of two things. First, the FCC must prove that the broadcasting of dirty words said on the fly somehow actually hurts people, especially children. Second, the agency must demonstrate that it had the legal right to radically alter its policy towards these naughty phrases, which up until the recent past has been relatively benign.The Commission must show that The Law has always granted the agency permission to prosecute abbreviated dirty talk, whether the FCC has historically availed itself of this tacit approval.

Solicitor General Paul Clement's brief to the Supreme Court on behalf of the FCC, submitted on Monday, accomplishes the second task adequately, I think, and the first task not at all. I doubt his arguments will convince many Ars readers. But don't forget: all the DoJ and FCC have to persuade are the Supremes. The Supreme Court will consider the FCC's appeal of a circuit court decision to strike down its recent fleeting expletive rulings this fall. Here's a recap of how we got to this place:

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