Re: fcc enforcement direction worrisome

Exactly Glen.

To bring a point home, the FCC has rules and regulations regarding obscene language, etc. I realize some "individuals" feel that any speech is allowable anywhere, anytime, and is protected under the first amendment. However, the FCC's position, formally and legally is as follows:


The Commission's rules prohibit Amateur stations from transmitting obscene or indecent words or language. You are advised that, for indecency purposes, the Commission treats Amateur transmissions the same as commercial broadcasts. Utterances of "any obscene, indecent or profane language by means of radio communications" are prohibited by Title 18, U.S.C. Section
1464. Under the Communications Act of 1934, as amended, the Commission may revoke any station license for violation of Section 1464 of Title 18. See 47 U.S.C. Section 312(a)(6).

Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. To be obscene, material must meet a three point test: (1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political or
scientific value. See Miller v. California, 413 U.S. 15 (1973).

The Commission defines indecency as language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. The Supreme Court has repeatedly rejected arguments that this definition is unconstitutionally vague. See Action for Children's Television v. F.C.C., 58 F.3d. 654 (D.C. Cir. 1995), FCC v. Pacifica Foundation, 438 U.S. 726 (1977).

Good luck Glen.







Contact: christopher.b.hays@lmco.com