Download or read book Broadcast Indecency written by Jeremy H. Lipschultz and published by Taylor & Francis. This book was released on 2023-12-22 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadcast Indecency (1997) treats broadcast indecency as more than a simple regulatory problem in American law. The author’s approach cuts across legal, social and economic concerns, taking the view that media law and regulation cannot be seen within a vacuum that ignores cultural realities. It treats broadcast as a phenomenon challenging the policy approach of government regulation, and is an exploration of the political and social processes involved in the government control of mass media content.
Download or read book Broadcast Indecency written by Jeremy Harris Lipschultz and published by Butterworth-Heinemann. This book was released on 1997 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing such controversial issues as 'shock jock' Howard Stern, this book treats broadcast indecency as more than a simple regulatory problem in American law. The author's approach cuts across legal, social, and economic concerns taking the view that media law and regulation cannot be seen within a vacuum that ignores cultural realities. This cutting-edge book treats broadcast indecency as a social phenomenon challenging the policy approach of government regulation. It is an exploration of the political and social processes involved in the government control of mass media content. The author, using F.C.C. documents and other sources, studies the complex issue of broadcast indecency and its impact on the mass media and the public. He also challenges assumptions and attempts to place content issues within an international context and to project the future of regulation while offering practical advice to broadcast managers on how to deal with today's broadcast indecency issues. Jeremy Harris Lipschultz, Ph.D., is a former radio news director. He is currently an associate professor of communication and Graduate Program Chair in the Department of Communication, University of Nebraska at Omaha. He holds a Ph.D. in journalism from Southern Illinois University at Carbondale and has been active in the Association for Education in Journalism and Mass Communication.
Download or read book Regulation of Broadcast Indecency written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two prominent television events placed increased attention on the Federal Communications Commission (FCC) and the broadcast indecency statute that it enforces. The airing of an expletive by Bono during the 2003 Golden Globe Awards, as well as the "wardrobe malfunction" that occurred during the 2004 Super Bowl half-time show, gave broadcast indecency prominence in the 108th and 109th Congresses, and resulted in the enactment of P.L.109-235 (2006), which increased the penalties for broadcast indecency by tenfold. Federal law makes it a crime to utter "any obscene, indecent, or profane language by means of radio communication" (18 U.S.C. § 1464). Violators of this statute are subject to fines and imprisonment of up to two years, and the FCC may enforce this provision by forfeiture or revocation of a broadcaster's license. The FCC has found that, for material to be "indecent," it "must describe or depict sexual or excretory organs or activities," and "must be patently offensive as measured by contemporary community standards for the broadcast medium." The federal government's authority to regulate material that is "indecent" but not obscene was upheld by the Supreme Court in Federal Communications Commission v. Pacifica Foundation, which found that prohibiting such material during certain times of the day does not violate the First Amendment. In 1992, Congress enacted P.L. 102-356 (47 U.S.C. § 303 note), section 16(a) of which, as interpreted by the courts, requires the FCC to prohibit "indecent" material on broadcast radio and broadcast television from 6 a.m. to 10 p.m. Under P.L. 109-235, "indecent" broadcasts are now subject to a fine of up to "$325,000 for each violation or each day of continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act." Fines may be levied against broadcast stations, but not against broadcast networks. The FCC appears to have the statutory authority to fine performers as well (up to $32,500 per incident), but has taken the position that "[c]ompliance with federal broadcast decency restrictions is the responsibility of the station that chooses to air the programming, not the performers." The federal restriction on "indecent" material applies only to broadcast media, and this stems from the fact that there are a limited number of broadcast frequencies available and that the Supreme Court, therefore, allows the government to regulate broadcast media more than other media. This report discusses the legal evolution of the FCC's indecency regulations, and provides an overview of how the current regulations have been applied. The final section of the report considers whether prohibiting the broadcast of "indecent" words regardless of context would violate the First Amendment. This question arises because the Supreme Court in Pacifica left open the question whether broadcasting an occasional expletive, as in the Bono case, would justify a sanction.
Download or read book Anti indecency Groups and the Federal Communications Commission written by Kimberly Zarkin and published by Edwin Mellen Press. This book was released on 2003 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the activities of Morality in Media and the American Family Association as related to the FCC, this work provides a clear picture of whether these groups have had any impact on the policy-making process.
Download or read book Regulation of Broadcast Indecency written by Angie Welborn and published by . This book was released on 2005 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dirty Discourse written by Robert L. Hilliard and published by John Wiley & Sons. This book was released on 2009-02-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in society, the pluralistic nature of the citizens and thegeographic breadth of America preclude a common definition of whatis indecent, profane, or obscene. What may appear to be 'dirtydiscourse' to some may be considered to be laudable satire toothers. In this fascinating book, renowned media scholars andauthors, Robert Hilliard and Michael Keith, examine the history andnature of indecent program content in American radio. Examines the blue side of the airways with a first-everanalysis of the history and nature of off-color programcontent. Explores the treatment of once-forbidden topics in theelectronic media, investigating the beliefs, attitudes and actionsof those who present such material, those who condemn it, and thosewho defend it. Written from a social and cultural perspective, concentrates onthe means of greatest distribution - radio, with its phenomenalgrowth of "shock jocks" and rap music lyrics. Provides coverage of television and the Internet, showing howand why broadcasting has evolved from the ribald antics of theRoaring 20's to today's streaming cybersex, contrasting thestandards and actions of the FCC v. the First Amendment amidst theover-the-air and in-the-court battles of over-the-top radio. Illustrates political pressures and legal considerations,including Supreme Court decisions, and efforts to protect childrenfrom media smut.
Download or read book The Federal Communications Commission s Regulation of Visual Indecency written by Wonsuk Kang and published by . This book was released on 1995 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book BROADCASTING THE FCC AND PROGRAMMING REGULATION written by David Weinert and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court, in June 2012, left broadcasters in a holding pattern by dodging the longstanding question of whether the Federal Communications Commissions broadcast indecency policy can survive constitutional scrutiny today given the vastly changed media landscape. The high courts narrow ruling in FCC v. Fox Television Stations, Inc. exonerated broadcasters for the specific on-air improprieties that brought the case to its attention, but did little to resolve the larger and more salient issue of whether such content regulations have become archaic. As a result, the Commission continues to police the broadcast airwaves, recently sanctioning a Roanoke, Virginia television station $325,000 for alleged broadcast indecency. This dissertation yields an in-depth analysis and synthesis of the legal obstacles the FCC will encounter in attempting to establish any revamped policy governing broadcast indecency. It discusses the insuperable First Amendment considerations that will trouble the Commission in its efforts, including the current exceptions that swallow the rationale for the regulations and the dramatically changed media landscape that render them unsuccessful.
Download or read book The Federal Communications Commission and the Regulation of Indecency written by Roger L. Sadler and published by . This book was released on 1992 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Broadcast and Internet Indecency written by Jeremy Lipschultz and published by Routledge. This book was released on 2008-02-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores broadcast and Internet indecency from social and legal perspectives, using current cases and examples. Case law is used as a starting point from which to explore the social and legal boundaries of speech. Lipschultz argues that broadcast and Internet indecency reflect the outer boundaries of acceptable speech, and "understanding the limits of free speech in a free society allows us to theorize about the nature of communication." With indecency in the news every week, this volume is likely to get much critical and popular attention in the media discipline.
Download or read book Broadcast Indecency written by Stan Hardegree and published by . This book was released on 1991 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Chill on the Air written by Jeffrey Devon Hill and published by . This book was released on 1992 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation of Broadcast Indecency written by Kathleen Ann Ruane and published by . This book was released on 2011 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation of Broadcast Indecency written by Henry Cohen and published by . This book was released on 2008 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Indecency of Indecency written by Nick Gamse and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the thirty-plus years since FCC v. Pacifica Foundation revolutionized content-based broadcast regulation, much has changed. Although broadcast television was recognized as a dangerously pervasive medium in 1978, it is no longer the dominant force that it once was, with the vast majority of Americans now paying for subscription television services like cable or satellite. And while the Pacifica Court strove to support parents in their struggle to protect their children from pervasive inappropriate content by upholding the FCC's content regulation, technological developments like the V-Chip, cable boxes, DVRs, and satellite boxes have afforded modern parents various self-help alternatives. Many critics have argued that changes like these in the convergent media environment have obviated any need for the Supreme Court to evaluate the constitutionality of broadcast speech regulations with special deference, or so-called “intermediate scrutiny.” They contend that broadcast restrictions should instead be evaluated like all other content-based media regulation, with “strict scrutiny.” Some have suggested that no content-based television regulation could pass constitutional muster under a strict scrutiny test because new self-help media filters like the V-Chip necessarily present a less restrictive means to control indecent or profane speech. These arguments have found welcome ears in some courts, most notably the Second Circuit. Upon hearing Fox v. FCC on remand from the Supreme Court, the court pulled no punches in forcefully arguing that changes in the technology landscape should unravel any special First Amendment status for broadcast speech restrictions. Unfortunately, both law review articles and judicial opinions that have lobbied against content-based broadcasting regulation have generally neglected to offer specific empirical evidence to support their positions. These critics tend to focus on how new technology might be used in theory rather than how it is actually used in practice. This approach is problematic. If the Supreme Court is to uproot three decades of its broadcast speech precedent (as it will have the opportunity to do when it rehears Fox v. FCC this term), it should do so on the basis of specific empirical data that directly address the status of the bedrock governmental interest from Pacifica: parental control over their children's exposure to pervasive content. Thus, it is critical to understand precisely how the changes in media consumption and technology have affected these parents and their perceptions of control. It is equally important to empirically distinguish between the efficiencies of the alternatives that the Court would consider under a strict scrutiny analysis: one regime based on media filters and one based on regulation. Without such empirical considerations, it is impossible to accurately determine which alternative is the less restrictive method of protecting children (or whether the Federal Communications Commission (FCC) has less restrictive ways of accomplishing its mandate). This study is the first to use actual survey data to examine how technology has changed the perspectives of parents. With generous funding from the Media Management Center at Northwestern University, I conducted an original survey of 575 American parents to better understand their perspectives on the intersection between television regulation and media filter technology. Parental views are fundamental to the indecency inquiry because they are at the core of the First Amendment carve-out for the content-based regulation of television broadcasting. The survey results offer clear empirical support for the argument that the FCC's content-based regulation of indecent and profane content should be deemed unconstitutional. Broadcast television is no longer a uniquely pervasive threat to parental control over what their children watch on television. The survey data reveal that there is no statistically significant difference in perceptions of control between parents who consume only broadcast television in their homes and those who receive their television through some other means of distribution (such as cable or satellite). Moreover, there is not a statistically significant difference between those two groups of parents in their perceptions of how much exposure their children have to inappropriate content on television. In other words, the data show that parents do not perceive an underlying practical need for regulations of broadcast speech to be measured with any less scrutiny than regulations on other media. It is not a uniquely pervasive medium. Second, parents overwhelmingly report that media filter technology like the V-chip is at least an equally effective substitute for government regulation of inappropriate content. This is a significant finding that could justify the eradication of the FCC's authority to regulate television content at all. Although most parents would like to rely on a multifaceted defense comprised of both technology and regulation, that position stands at odds with the Supreme Court's strict scrutiny jurisprudence. If media filters are just as effective as regulation at achieving the government's interest of helping parents control what their children see, then the regulations should be deemed unconstitutional abridgements of the First Amendment.
Download or read book Can you say that on TV written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and the Internet and published by . This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NAB Legal Guide to Broadcast Law and Regulation written by Jean Benz and published by CRC Press. This book was released on 2014-10-10 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: To guide the industry in the 21st century, counsel for the National Association of Broadcasters (NAB) and leading attorneys have prepared the only up-to-date, comprehensive broadcast regulatory publication: NAB’s Legal Guide to Broadcast Law and Regulation. Known for years as the "voice" for broadcast law, this publication addresses the full range of FCC regulatory issues facing radio and television broadcasters, as well as intellectual property, First Amendment, cable and satellite, and increasingly important online issues. It gives practicing attorneys, in-house counsel, broadcasters and other communications industry professionals practical "how to" advice on topics ranging literally from "a" (advertising) to "z" (zoning). Now in its 6th edition, NAB’s Legal Guide to Broadcast Law and Regulation is available to keep you current on changes in the law, significant court decisions, FCC rules, agency policies and applied solutions. The National Association of Broadcasters is a nonprofit trade association that advocates on behalf of local radio and television stations and broadcast networks before Congress, the Federal Communications Commission and other federal agencies, and the courts.
