Broadcasting Obscene, Indecent, and Profane Material
Obscene Material
Obscene speech is not protected by the First Amendment. In order to be obscene, the speech must meet the following three-prong test:
(1) An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
(2) The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
* Note that the speech must contain sexual content in order to be obscene under the legal definition.
(3) The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
Federal law prohibits the broadcast of obscene speech at any time.
Indecent Material
The Federal Communications Commission (FCC) has defined broadcast indecency as "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community broadcast standards for the broadcast medium, sexual or excretory organs or activities." Indecent programming contains patently offensive sexual or excretory references that do not rise to the level of obscenity. Therefore, the courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. However, indecent material may be restricted in order to avoid broadcast during times of the day when there a reasonable risk that children may be in the audience.
Federal law prohibits the broadcast of indecent material on broadcast radio and television between the hours of 6 a.m. and 10 p.m.
Profane Material
The FCC has defined profanity as including language that "denotes certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance."
Federal law prohibits profane material on broadcast radio and television between the hours of 6 a.m. and 10 p.m.
Enforcement and Complaints
The FCC is authorized to enforce the federal laws governing the broadcast of obscene, indecent, and profane material. The FCC may revoke a station's license, impose a monetary forfeiture, or issue a warning, for the broadcast of obscene or indecent material.
The FCC encourages consumers to file complaints regarding the broadcast of obscene, indecent, and profane material. Such complaints may be filed at the FCC's website (http://www.fcc.gov/cgb/complaints.html) or mailed to Federal Communications Commission, Enforcement Bureau, Investigations and Hearing Division, 445 12th Street, SW, Washington, D.C. 20554. According to the FCC, complaints should include the call sign and community of license of the station, the date and time of the broadcast in question, and a detailed description of the obscene, indecent, or profane material. In addition, if possible, complaints should include a transcript or recording of the broadcast in question.
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