The U.S. Supreme Court on Thursday vacated a lower court decision that the FCC’s broadcast indecency policy was unconstitutional, leaving the door open for the FCC to reconsider its policy.

The justices did not rule on the constitutionality of the policy, but rather ruled 8-0 that the FCC didn’t give the networks fair notice that they had broken the rules.

“The commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent,” Justice Anthony Kennedy wrote for the court.

Read more: Politico