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"....