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In article , "Phil Kane"
writes: On Sat, 04 Dec 2004 15:36:04 -0500, John Kasupski wrote: Obscenity would get you a citation, but bull**** is not on the famous "7 words" list. It does, however, contain a word that is. And as every communications or constitutional lawyer knows, the "Seven Dirty Words " (not the actual title of the monologue by George Carlin) has no standing at all in law, and was attached to the Supreme Court's _Pacifica_ decision only because it was the thing that the original complaining listener objected to being broadcast. The FCC has never used a list of words for enforcement purposes. -- People forget that Carlin's routine was meant to be *comedy*, and as such was not meant to be taken as fact. But as sometimes happens, it started an urban legend. btw, George Carlin is often listed as the author of things he never wrote. It is my impression of the rules that FCC is more concerned with context than the actual words. The reason for the hullaballo (and fines) over the Janet Jackson "wardrobe malfunction" (as I understand it) was that it was not to be reasonably expected in a football halftime show. IOW, it was completley unexpected in the context of the program. Contrast this with "Saving Private Ryan", which was aired unedited despitre its violence and language. The audience was cautioned of the film's content before and during the broadcast. The film's MPAA rating is public information, too. Most of all, the language and violence were in an accurate context, and were an integral part of telling the story. Thus, certain language could be used that would rate a fine in a different context. The way all this relates to amateur radio is: We hams do not usually operate on a published schedule, nor do we have a rating system to let listeners know ahead of time what to expect. Therefore, all amateur radio communication must, by the rules, be "G rated" - or run the rsik of enforcement action. At least IMINALO (In My "I'm Not A Lawyer" Opinion) 73 de Jim, N2EY |
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