A Monologue by Comedian George Carlin Entitled "Filthy Words" Prompted

question 32

Essay

A monologue by comedian George Carlin entitled "Filthy Words" prompted the FCC to warn the broadcaster that it could be subject to sanctions. The broadcaster challenged the FCC's action. In Federal Communication Commission (FCC) v. Pacifica Foundation the Supreme Court held that18 U.S.C §1464 properly prohibits both obscene and indecent speech, that is, language in which prurient appeal is not a necessary element, defined by the FCC as including "language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual, or excretory activities and organs..." The primary justifications which dictate constitutionally permissible broader restriction on speech for broadcast media are the pervasive and intrusive nature of the medium and its alleged scarcity. The intrusiveness justification recognizes that broadcasts, including those containing patently offensive indecent material confront individuals in public as well as in the privacy of their homes. Visit the FCC's website: http://www.fcc.gov/guides/obscenity-indecency-profanity-faq . How does the FCC find out about monologues like Carlin's? What is the Safe Harbor for broadcasting indecent (but not obscene) speech, and why was it established?

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