Fleeting Expletives

I took time-out last week to read the Second Circuit opinion about the FCC's "fleeting expletive" rule. As always, there are good ideas on both sides of the issue, but one point in the discussion bothers me. I understand the concept of fleeting expletives, but I wonder how fleeting they are when uttered by a habitual user of expletives. If a network invites a known user of profanity to speak unscripted, one could guess, maybe even presume, that speaker will use profanity. Speech that is regular, or predictable, therefore, is probably not fleeting.