Quote:
Originally posted by sgtclub
From your and AG's many posts on the subject, I understand that. I'm not really concerned with what the law is, but what the law should be. For example, why is something "indecent" if over the air but not in print? The scarcity of the resource should play no part in that determination.
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Different standards apply. Non-broadcast media can publish
indecent material; broadcast media can publish indecent material only during the "safe harbor" hours set by the FCC (I think it's 10 pm to 6 am or something like that). No media can publish
obscene material (if it violates a state law passing muster under
Miller).
So, TV & Radio = no indecency, no obscenity.
Print & Internet = no obscenity.
The difference between indecency and obscenity is hard to draw, but indecency generally depicts sexual or excretory functions.* Obscenity does that also, but does so in a way that is patently offensive and further lacks serious literary, artistic, scientific etc. value.
*The FCC recently ruled that use of the word "fucking" as a mere adverb, and not as a gerund regarding sexual intercourse, wasn't indecent because it didn't depict sexual or excretory functions. So Bono can say it all he likes, until Powell gets his way and they amend the rule.
