LawMeme LawMeme Yale Law School  
LawMeme
Search LawMeme [ Advanced Search ]
 
 
 
 
Bono Says 'Fucking' on TV; FCC Says 'OK'
Posted by Ernest Miller on Thursday, October 09 @ 13:37:38 EDT Free Expression
So much for George Carlin's Seven Dirty Words?

According to this decision (Complaints Against Various Broadcast Licensees Regarding Their Airing of the Golden Globe Awards Program [PDF]), the use of the word "fuck" as an adjective in the phrase "this is really, really, fucking brilliant" by the performer Bono during the last Golden Globe Awards is neither indecent nor obscene. Here is the key paragraph:

As a threshold matter, the material aired during the “Golden Globe Awards” program does not describe or depict sexual and excretory activities and organs. The word “fucking” may be crude and offensive, but, in the context presented here, did not describe sexual or excretory organs or activities. Rather, the performer used the word “fucking” as an adjective or expletive to emphasize an exclamation. Indeed, in similar circumstances, we have found that offensive language used as an insult rather than as a description of sexual or excretory activity or organs is not within the scope of the Commission’s prohibition of indecent program content.
Actually, though, the ways in which you determine whether use of a word or phrase is indecent are a bit more complicated. Lots of examples are necessary, and I suggest those interested see this document (In the Matter of Industry Guidance On the Commission's Case Law Interpreting 18 U.S.C. § 1464 and Enforcement Policies Regarding Broadcast Indecency). Examples include the following, which was indecent:
God, my testicles are like down to the floor . . . you could really have a party with these . . . Use them like Bocci balls.
(As part of a discussion of lesbians) I mean to go around porking other girls with vibrating rubber products . . .
Have you ever had sex with an animal? Well, don't knock it. I was sodomized by Lambchop.
Indecent - Warning Issued.
And examples that aren't indecent:
Announcers allegedly referred to complainant, Chuck Harder, as "Suck Harder,'' "Suck,'' and "Suckie'' throughout the broadcast and called the complainant a "useless piece of crap.'' Also referred to complainant's network, the Sun Radio Network as ''Suck Harder Radio Network.''
Not Indecent.
Good reading.

via BuzzMachine

UPDATED 5:30 PM October 10 (JG): Changed title from "A Fucking Interesting Decision from the FCC." The old title was considered needlessly offensive: the new title more directly describes the decision.

UPDATED 1:20 AM October 16 (JG): Added explanation of title change.

 
Related Links
· More about Free Expression
· News by Ernest Miller


Most read story about Free Expression:
The Future of Virtual Kiddie Pr0n and Other Notes on Ashcroft v. Free Speech

Options

 Printer Friendly Page  Printer Friendly Page

 Send to a Friend  Send to a Friend

Threshold
  
The comments are owned by the poster. We aren't responsible for their content.

Broken link above (Score: 0)
by Anonymous on Friday, October 10 @ 07:29:18 EDT
Please fix the link "Complaints Against Various Broadcast Licensees Regarding Their Airing of the Golden Globe Awards Program" above. It currently links to a non-standard format which, unlike HTML or PDF, is not guaranteed to be readable even if special software is purchased and installed due to forced obsolesence through changing, undocumented format specifications.


[ Reply to This ]


FCC says 'Fucking' on TV is OK (Score: 0)
by Anonymous on Sunday, October 26 @ 01:40:00 EST
How about this title?
It is both offesive and true!


[ Reply to This ]


FCC says 'Fucking' adjectives are OK (Score: 0)
by Anonymous on Sunday, October 26 @ 01:50:16 EST
Very interesting article as I just heard someone say 'Fuck George Bush' on CSPAN while on stage at a peace rally and the crowd chanted that phrase over and over. Is the same consideration given to the word when the show is documentary in nature? This was a taped rally and they still did not bleep anything.


[ Reply to This ]


Leges humanae nascuntur, vivunt, moriuntur
Human laws are born, live, and die

Contributors retain copyright interests in all stories, comments and submissions.
Everything else copyright (c) 2002 by the Information Society Project.

This material may be distributed only subject to the terms and conditions
set forth in the Open Publication License, v1.0 or later.
The latest version is currently available at http://www.opencontent.org/openpub/.

You can syndicate our news with backend.php

Page Generation: 0.207 Seconds