On Sat, 4 Dec 2004 08:25:51 -0500, Dee D. Flint wrote:

I would not use it over the air as vulgarity is also not allowed.

The prohibitions in Federal criminal law a

18 USC §1464. Broadcasting obscene language.

Whoever utters any obscene, indecent, or profane language by
means of radio communication shall be fined under this title or
imprisoned not more than two years, or both.

The prohibitions in FCC Rules a

97.113 Prohibited transmissions.

(a) No amateur station shall transmit:

(4) ... obscene or indecent words or language; ...

[Note that the "profanity" proscribed by Section 1464 is not
present in the Part 73 rule, but I would not want to be the one
to push the issue.... ggg ]

The "Cliff Notes (R)" on this subject, in an FCC Publication "The
Public and Broadcasting" are aimed at broadcast stations but the
prohibition has been deemed equally applicable to Amateur stations
by case law:

Obscenity and Indecency. Federal law prohibits the broadcasting
of obscene programming and regulates the broadcasting of
"indecent" language.

Obscene speech is not protected by the First Amendment and cannot
be broadcast at any time. To be obscene, material must have all
three of the following characteristics:

an average person, applying contemporary community
standards, must find that the material, as a whole, appeals
to the prurient interest;

the material must depict or describe, in a patently
offensive way, sexual conduct specifically defined by
applicable law; and

the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value.

Indecent speech is protected by the First Amendment and cannot
be outlawed. However, the courts have upheld Congress's
prohibition of the broadcast of indecent speech during times of
the day when there is a reasonable risk that children may be in
the audience......[discussion of "safe harbor" broadcast periods
deleted]... Indecent speech is defined as "language or material
that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards for
the broadcast medium, sexual or excretory organs or activities."

Profanity that does not fall under one of the above two
categories is fully protected by the First Amendment and cannot
be regulated.

Do you find "vulglarity" amongst the material above? I sure don't.

Use or non-use of vulgarity is much more of an issue of one's
upbringing and command of the language.

--
73 de K2ASP - Phil Kane

Phil Kane wrote:


the material must depict or describe, in a patently
offensive way,

I have 13 patents, and another patent pending. If I
invent new dirty material that is patently offensive,
can I get the patent on it? :-)

sexual conduct specifically defined by
applicable law; and

the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value.

Indecent speech is protected by the First Amendment and cannot
be outlawed. However, the courts have upheld Congress's
prohibition of the broadcast of indecent speech during times of
the day when there is a reasonable risk that children may be in
the audience......[discussion of "safe harbor" broadcast periods
deleted]... Indecent speech is defined as "language or material
that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards for
the broadcast medium, sexual or excretory organs or activities."

I guess that explains how and why I once heard the word
"Motherf*cker" on terrestrial broadcast TV around 10:30PM.
Channel 17 in Philly showed "Fort Apache the Bronx" then.
Or is it that the rules are looser if your station carrier
is above 200MHz? :-)

Profanity that does not fall under one of the above two
categories is fully protected by the First Amendment and cannot
be regulated.

Somehow I thought "Profanity" = "Obscene speech"....

Subject: amateur radio hypocrites
From: "Phil Kane"
Date: 12/4/2004 8:50 PM Central Standard Time
Message-id:

Do you find "vulglarity" amongst the material above? I sure don't.

I can't find "vulglarity" ANYwhere, Phil... ! ! !

73 with a tug on the leg....

Steve, K4YZ