Bleep! Censoring Rock and Rap Music

By Betty Houchin Winfield; Sandra Davidson | Go to book overview

NOTES
1
In re Enforcement of Prohibitions Against Broadcast Indecency in 18 U.S.C. § 1464, 7 FCC Rcd 6464 n. 4 ( 1992). The FCC says that this language is "essentially unchanged" from the definition of indecency upheld in FCC v. Pacifica, 438 U.S. 726 ( 1978). Goodrich Broadcasting, Inc. v. FCC, 6 FCC Rcd 2178 ( 1991), 1991 FCC Lexis 2033 at ★2.

The definition used to add "at times of the day when there is a reasonable risk that children may be in the audience." Explaining why it dropped that language, the FCC said:

In our recent actions, we treated the nature of the material involved and the time of day that children are in the audience separately because we believe that the question of the time of a "patently offensive" broadcast is more pertinent to channeling and to whether a broadcast is "actionable" . . . than to whether it is indecent. We note, however, that because the aim of broadcast indecency regulation is to protect children, a violation finding will only be entered if both components of the test are met -- i.e. material must be both indecent and broadcast when there is a reasonable risk that children may be in the audience.

In re Infinity Broadcasting Corp. of Pennsylvania v. FCC, 3 FCC Red 930 n. 6 ( 1987), 1987 FCC Lexis 2416, ⁥3 (emphasis added).

2
John Milward says:

The syndication of Stern's morning show is an intriguing counterpoint to the rise of talk radio's other megastar, Rush Limbaugh. Both men are extremely talented broadcasters who define their shows by encouraging a cult of personality. And in these days of temperate discourse, they also share the distinction of being politically incorrect. But where Limbaugh beats a rigorously conservative drum, Stern marches to a decidedly more liberal beat.

John Milward, "Howard Stern Blasts Off: Chicago May Be in for a Rude Awakening from New York Shock Jock", Chicago Tribune, North Sports Final Edition, Oct. 2, 1992, Tempo section, p. 1.

3
Richard Zoglin, "Shock Jock; Howard Stern Is Shaking Up Radio -- and the FCC -- with His Raunchy, Racist, In-Your-Face Talk, But Listeners Seem to Love It", Time, Nov. 30, 1992, p. 72.
4
David Savage, "So Par, 'Shock Jock' Stern Has Had Last Word", Los Angeles Times, Home Edition, Dec. 15, 1992, p. A5.
5
Arthur Spiegelman, "FCC Fines Howard Stern's Bosses $600,000 for Talking Dirty", Reuters, Dec. 18, 1992, AM Cycle. See also "Freedom, Even for Slimeballs", Star Tribune, Metro Edition, Dec. 21, 1992, p. 10A.
6
"FCC Considers Fining Infinity", Daily Variety, Nov. 30, 1992, p. 16.
7
Jon Pareles, "Radio View: Shock Jocks Shake Up Uncle Sam", op. cit.
8
FCC v. Pacifica, 438 U.S. 729 ( 1978).
9
Ibid. at 731-732 ( FCC's characterization of language).
10
18 U.S.C. § 1464 (enacted June 25, 1948) (emphasis added). This statute provides for a fine of up to $10,000 and imprisonment of up to two years.
11
FCC v. Pacifica, 438 U.S. 738-741 ( 1978).
12
FCC v. Pacifica, 438 U.S. 748-749 ( 1978).
13
Action for Children's Television v. FCC, 932 F.2d at 1504, 1506 (D.C. Cir. 1991) This case provides a good history of the FCC and indecency. Action for Children's Television v. FCC, 932 F.2d at 1506-1507 (D.C. Cir. 1991).
14
In re Infinity Broadcasting Corp. of Pennsylvania, 3 FCC Red 930, para. 5, 1987 FCC Lexis 2416 at ★6-★7; Action for Children's Television, 932 F.2d 1506 (D.C. Cir.

-59-

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