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Offensive Material
Law: No broadcast of obscene, indecent,
or profane language
What is obscenity?
Pornography
Pornography not the same as obscenity
Pornography - material of a sexual nature
Obscenity
Works that taken as a whole
appeal to prurient interest in sex
are patently offensive
Obscenity
are defined by state law
lack LAPS value
LAPS = Literary, Artistic, Political,
or Scientific
Indecency
Indecency not the same as obscenity!
FCC v. Pacifica Foundation (1978)
FCC v. Pacifica Foundation
S. Ct. said: FCC can regulate indecency
Protecting children is a compelling gov’t
interest
Reasons why Indecency can be Regulated
B/casting is intrusive
B/casters should serve Public Interest
FCC v. Pacifica Foundation
Language that, in context,
depicts or describes,
FCC v. Pacifica Foundation
in terms patently offensive by
contemporary community standards for b/cast media,
sexual or excretory activities or
organs
FCC v. Pacifica Foundation
at times when children may be in audience
FCC v. Pacifica Foundation
S.Ct.: FCC can regulate but not
ban indecency
Indecency entitled to limited F.A.
protection
Indecency
1987-FCC shifted gears
When can indecency be aired?
Safe Harbor
Obscenity v. Indecency
Obscenity
Appeals to prurient interest
Indecency
Does not have to
Obscenity v. Indecency
Obscenity
Redeemed by LAPS value
Indecency
FCC can punish station for using indecency EVEN
if it has LAPS value
Obscenity v. Indecency
Obscenity
Material must be taken as a whole
Indecency
Station may be punished for using just one
four-letter word in an hour-long program
Obscenity v. Indecency
Obscenity
Local jury decides the community standards
Indecency
FCC commissioners determine a national
community standard
Obscenity v. Indecency
Obscenity
Applies to all media
Indecency
Applies only to electronic media
© B.L. Yates 2000
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