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originally posted by: marg6043
a reply to: RomeByFire
I wish it was only locker room talk, but this was aired in national TV for everybody that watch him and his now very tasteless joke to hear and see.
What are the statutes and rules regarding the broadcast of obscene, indecent, and profane programming? Title 18 of the United States Code, Section 1464, prohibits the utterance of any obscene, indecent or profane language by means of radio communication. Consistent with a subsequent statute and court case, the Commission's rules prohibit the broadcast of indecent material during the period of 6 a.m. and 10 p.m. FCC decisions also prohibit the broadcast of profane material between 6 a.m. and 10 p.m. Civil enforcement of these requirements rests with the FCC, and is an important part of the FCC's overall responsibilities. At the same time, the FCC must be mindful of the First Amendment to the United States Constitution and Section 326 of the Communications Act, which prohibit the FCC from censoring program material, or interfering with broadcasters' free speech rights.
What makes material obscene? Obscene speech is not protected by the First Amendment and broadcasters are prohibited, by statute and regulation, from airing obscene programming at any time. According to the U.S. Supreme Court, to be obscene, material must meet a three-prong test: (1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest (i.e., material having a tendency to excite lustful thoughts); (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value. The Supreme Court has indicated that this test is designed to cover hard-core pornography.
originally posted by: queenofswords
But...broadcast TV is not the place to do it. The FCC has obscenity rules for profanity, indecency, and obscenity. He stepped over the line. I guess he forgot he wasn't on Comedy Central anymore.