From: Robert Rothenburg Walking-Owl <rrothenb@ic.sunysb.edu>
Date: Wed, 8 Feb 95 09:03:00 PST
To: skaplin@mirage.skypoint.com (Samuel Kaplin)
Subject: Re: Effects of S.314 (Communications Decency Act)
In-Reply-To: <Pine.SV4.3.91.950208035054.26559A-100000@mirage.skypoint.com>
Message-ID: <199502081702.MAA06532@libws3.ic.sunysb.edu>
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> > 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
> > 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
> > 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).
> > 
> > Don't remember their exact formulation, which isn't very exact anyway.
> > 
> 
> The question is: What is obsene? What the community in NYC considers 
> obsene is sure a lot different than what the community in Elk River 
> Minnesota considers obsene. (They've been trying to eject their one XXX 
> bookstore for years now while NYC has the American Museum of Pornography 
> at 42nd Street ;) ;) :) ) As you can see, obsenity depends where you are 
> geographically located, at least according to our highest court. If 
> community standards say it is obsene then it is. They never legally 
> defined what constitutes something as being obsene or an obsenity.

The definition is not entirely up to "community standards". I think the
court definied it loosely as 'material regarding sexual and excretory
functions' which appeals to "prurient interests".

Anyhw, they have enough of a national "standard" for the FCC to crack
down on broadcasters who breach the rules.

Of course geographic community standards are problematic too with
telecommunications since postal inspectors from Tennessee can call
up adult bulletin boards in California...

> 
> Sam
> 

Rob