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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 |
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