Obscenity v Indecency - the difference by first amendment standards.
1.) Obscenity is NOT protected; Indecency IS protected.
a.) The broadcast of obscenity over TV or radio is illegal. It is also illegal to broadcast indecent material over radio and TV unless the TV is on a cable station.
b.) In 2006 a change was made. Fine for airing indecent material shown by broadcasters from $32,500 to $325,000.
c.) The Miller Standard - rule to test for obscenity (SLAAP Test)
i.) Local - Meet community standards
ii.) Sexual conduct is applicable to state law. What is offensive in that state "Patently Offensive"
iii.) Use SLAAPs Test: Serious, Literary, Artistic, Political or Scientific Value
d.) The book defines indecent speech as, "language that describes in patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs, at times when there is a reasonable risk children may be in the audience."
2.) Broadcast indecency currently only focuses on sexual or excretory organs or activities not on violent images or story lines.
3.) Safe Harbor - the rule that between 10 pm - 6 am kinds aren't supposed to be viewing TV so obscene or indecent shows are put on during that time. (In order to change viewing a complaint must be made)
4.) Golden Globe/Bono Award - fleeting expletives... what's your stance?
a.) Go over this for case problem!!!!
b.) Agree with FOX TV that fleeting expletives should be allowed. Use Fox TV (What is patently offensive)
i.) Vagueness - void of vagueness, what is vague (define) what is offensive?
ii.) Goes against 1st Amendment
a.) CBS v FCC doesn't give reasoned explained (what's the appellate court doing?) (complete departure)
iii.) Fleeting expletives does not meet the certain criteria of what is indecent. Doesn't meet the FCC definition of indecency.
a.) Sexual or excretory (the words)
b.) Community broadcast medium
iv) Patently offensive (Obscene)
a.) Sexual or excretory
b.) Dwells or repeats (repetition)
c.) Shock, Titillate, or Pander (CBS v FCC, Fox v FCC)