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View Diary: Limbaugh Is Losing! With Each Hateful Word, More Sponsors Leave. (300 Left Last Month) Total: 2,500+ (205 comments)

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  •  It did not violate the FCC's indecency standards. (1+ / 0-)
    Recommended by:
    msmacgyver

    It was loathsome.  It was despicable.  It was libelous.  However, it was not actionably indecent, at least not in the way that the FCC defines indecency.

    •  Link to and excerpt from FCC Guidelines (1+ / 0-)
      Recommended by:
      Leslie Salzillo

      http://www.fcc.gov/...

      Obscene Broadcasts Are Prohibited at All Times

      Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
      •An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
      •The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
      •The material, taken as a whole, must lack serious literary, artistic, political or scientific value.

      When someone is impatient and says, "I haven't got all day," I always wonder, How can that be? How can you not have all day? George Carlin

      by msmacgyver on Sun Feb 17, 2013 at 08:26:55 PM PST

      [ Parent ]

      •  Limbaugh's diatribe was not obscene. (0+ / 0-)

        Neither was it even indecent, not in the FCC sense.  It was not graphic enough to rise to the level of indecency, in the FCC sense of indecency.  And if it did not rise to the level of indecency, which it did not, it surely could not have been obscene.  Obscenity is to indecency as whiskey is to beer.

        I share your outrage, but Limbaugh's diatribe simply was not actionably indecent, and neither was it actionably obscene.

    •  FCC Guidelines (1+ / 0-)
      Recommended by:
      Leslie Salzillo

      http://www.fcc.gov/...

      Obscene Broadcasts Are Prohibited at All Times

      Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:

      An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;

      The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and

      The material, taken as a whole, must lack serious literary, artistic, political or scientific value.

      When someone is impatient and says, "I haven't got all day," I always wonder, How can that be? How can you not have all day? George Carlin

      by msmacgyver on Sun Feb 17, 2013 at 08:30:24 PM PST

      [ Parent ]

      •  Excellent. (1+ / 0-)
        Recommended by:
        msmacgyver

        Thank you for posting the FCC guidelines.

        I think he may have gotten by on the third point, as the material was political and valuable to some at the time. In the long run - valuable to none. He did himself, his party, talk radio, and mainstream media a disservice, as well as Sandra Fluke.

        "When faced with darkness, be the light. Remembering Richard Myers"

        by Leslie Salzillo on Mon Feb 18, 2013 at 09:24:46 PM PST

        [ Parent ]

        •  Posted twice, as it turned out :) (0+ / 0-)

          The first time I got an error message, so...

          I don't know how he could have gotten past all three with the Sandra Fluke rant but apparently the FCC doesn't enforce much beyond the most blatant offenses.

          I expect that censorship of any kind is a very tricky issue.

          When someone is impatient and says, "I haven't got all day," I always wonder, How can that be? How can you not have all day? George Carlin

          by msmacgyver on Tue Feb 19, 2013 at 06:40:52 AM PST

          [ Parent ]

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