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Chapter 43- Administrative Agencies

Terms in this set (66)

- communications act of 1934 established system of limited-term broadcast licenses subject to various "conditions"
- conditions include indecency ban: prohibition against obscene, indecent, or profane language by means of radio communication
- 1975 commission declared daytime broadcast of George Carlin's "Filfthy Words" monologue actionably indecent
- at the time, they announced that the definition of indecent speech it uses to this day, prohibiting "language that describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs, at times of the day where there is a reasonable risk that children may be in the audience"

- 2004 commission took step further by declaring for the first time, that nonliteral use of the F and S words could be actionably indecent even when the word is only used once

-First order of this dealt with NBC broadcast of Golden Globe Awards where performer Bono commented "this is really f***ing brilliant
order acknowledged that prior commission and staff have indicated that isolated or fleeing broadcasts of the F word are not indecent or would not be acted upon and that it ruled that any such interpretation is no longer good law

- 1st occurred during 2002 billboard music awards when singer cher explained ... right . so f*** em.
-2nd involved 2003 billboard music awards when nicole richie asked audience " ... have you ever tried to get cow s** out of prada purse?... its not so f**ing simple"
- then in 2006, commission released notices of apparent liability for number of broadcast at that the commission deemed actionably indecent including the two above

- fox appealed to 2nd circuit for review of the order
- court of appeals reversed agency's order finding the commissions reasoning inadequate under administrative procedure act
- granted certiorari