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1995-02-08 - Re: Effects of S.314 (Communications Decency Act)

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From: strick@techwood.org
To: Robert Rothenburg Walking-Owl <rrothenb@ic.sunysb.edu>
Message Hash: 11fc640041c5932c931a47efdc70eba1613f7c780a462ad95dffaabe153336f3
Message ID: <199502081902.LAA01787@gwarn.versant.com>
Reply To: <199502081702.MAA06532@libws3.ic.sunysb.edu>
UTC Datetime: 1995-02-08 19:02:25 UTC
Raw Date: Wed, 8 Feb 95 11:02:25 PST

Raw message

From: strick@techwood.org
Date: Wed, 8 Feb 95 11:02:25 PST
To: Robert Rothenburg Walking-Owl <rrothenb@ic.sunysb.edu>
Subject: Re: Effects of S.314 (Communications Decency Act)
In-Reply-To: <199502081702.MAA06532@libws3.ic.sunysb.edu>
Message-ID: <199502081902.LAA01787@gwarn.versant.com>
MIME-Version: 1.0
Content-Type: text/plain


# > > I beg to differ. Remember the "Seven Dirty Words Case"? (I think WBAI/Pacifica
# > > v. US, year?...). WBAI-FM in NY played George Carlin's "Seven words you can't

individual words can be "indecent", but not obscene.

obscene refers to the content of the work as a whole, and would
be very difficult to attain with a few dirty words.

# > > say on television" skit and was taken to court. The court ruled that there
# > > were some obscene things which could be censored, but other things were

All obscene things are censored on broadcast radio & TV.  
Massive penalties for broadcasting obscene material.

# > > indecent so could at most be relegated to late night hours (and they've
# > > struck down laws banning indecency 24 hours... I think some stations are
# > > suing with the claim that such relegation constitutes censorship).

In the U. S., you have a first ammendment right to indencent speech.

The question of a late-night "safe harbor" for indecent speech on the
air is about when children are likely to be listening.  First
ammendment rights apparently don't apply to children who are listening
to the radio.  

Right now there is a "safe harbor" from around 10pm (or is it 9pm?)
thru 6am, but this changes regularly, usually as a result of "case law"
(someone being prosecuted under next month's rules, not this month's)

				strick

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