Now former FCC Michael Powell tells us he regrets having approved the decision to declare Bono's comments indecent. "It was a terrible mistake and I voted for it," Powell said at a forum on the Commission held in mid-September. Supreme Court to hear FCC f-bomb appeal on Election Day . Recall when that decision, and the Janet Jackson furor, broke out -- in 2004, as President Bush was "basing" his reelection campaign on his appeal to the conservative "base." Powell, as FCC Commish, reversed his former vocal opposition to expansive FCC "indecency" enforcement, and instead launched the Commission on a virtual crusade against it. As we pointed out at the time, Powell was simply using the FCC to inflame (energize?) the base and turn the 2004 election in a "culture war" referendum. Now, apparently, his principles and conscience have returned. Unfortunately, creative media artists and the public have been saddled with his legacy: arbitrary and capricious FCC decisions that make a mockery of the First Amendment. That's what the Second and Third Courts of Appeal have found, and why we're a party to upholding the Second Circuit in Fox v. FCC, to be heard by the Supreme Court on November 4.