Excerpt
Ever since the early days of commercial radio, the Federal
Government has had a role in dictating standards of decency in
programming broadcast over the public airwaves. Current law, which has
its roots in the Radio Act of 1927, makes it unlawful to “utter any
obscene, indecent, or profane language” on television or radio.
The Federal Communications Commission (FCC) is the government
agency tasked with establishing guidelines and regulating broadcasters,
and it enforces its standards of broadcast decency by issuing fines and
license suspensions.
For more than 30 years, the FCC has
ruled that…
In This Issue
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Foreword
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Indecency Regulation
FCC Interpretation of Federal Law
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Lower Court Holding
Decision of the Second Circuit U.S. Court of Appeals
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
The FCC Adequately Explained Why It Ruled That "Fleeting and Isolated Utterances" of Explicit Content Are Prohibited on television
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Pro & Con
Are the Federal Communications Commission New Obscenity Regulations Valid?
Pro
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Federal Communications Commission, et al.
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American Center for Law & Justice (ACLJ), United States Representatives Charles Pickering [MS-R], et al.
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Center for Constitutional Jurisprudence
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Decency Enforcement Center for Television
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National Religious Broadcasters
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Parents Television Council (PTC)
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Morality in Media, Inc.
Con
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ABC Television Affiliates Association
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Center for Democracy & Technology and Adam Theirer
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Mark Fowler, Jerald Fritz, Henry Geller, et al.
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National Association of Broadcasters and Radio-Television News Directors Association
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Public Broadcasting Service (PBS), the Association of Public Television Stations, National Public Radio, Inc., et al.
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Fox Television Stations, Inc.
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NBC Universal, Inc., NBC Telemundo License Co., CBS Broadcasting, Inc., and ABC, Inc.
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Creative Voices in Media, Inc.
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Time Warner Inc.
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California Broadcasters Association, Georgia Broadcasters Association, et al.
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American Civil Liberties Union, et al.
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The Thomas Jefferson Center for the Protection of Free Expression and The Media Institute