In The Decline of American Culture: The Role of the Federal Judiciary, Professor Thomas Marks suggests that several federal court opinions overturning regulations against certain swear words in broadcast media have in part caused a general decline in public morality. Most recently, in Fox Television Stations, Inc. v. Federal Communications Commission, the United States Court of Appeals for the Second Circuit invalidated a Federal Communications Commission (FCC) rule change regarding “fleeting expletives.” The FCC had expanded the previous rule by imposing a fine on broadcasters who used certain swear words in an “isolated, non-literal, fleeting” manner. Against a dissent by Judge Leval, the panel majority held that the rule change was not properly explained and was therefore “arbitrary” under the Administrative Procedure Act.