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A Primer on Obscenity Email Print

A lot's been happening in Washington recently, so you may have forgotten about this week's Senate obscenity hearings. Apparently, in light of widespread corruption, civil liberties violations and the recent threats of terrorism, our Congress has decided that they have time to spend investigating pornography. Our government, ladies and gentlemen.

There are four bills waiting for approval, including one which would boost the penalty from $32,500 to $500,000. Yes, half a million dollars per offense. Needless to say, I got curious, so I decided to check out the FCC's website and find out what they define as a potentially $500k offense.

This post is strictly a primer on FCC regulations. (The raw information is here) It's a bit dry, but if you read to the end, I'll tell a dirty joke - the kind that we won't be able to hear on cable if this legislation passes.

DEFINITIONS

Obscenity - Not covered by the 1st Amendment. Must meet the following criteria:

  • The average person would find that the material incites lust
  • The material depicts or describes sexual activities
  • The material lacks serious literary, artistic, political or scientific value

Indecency - References to excretory or sexual functions that don't rise to the level of obscenity. Criteria:
  • Explicit description or portrayal
  • Extended coverage or repetition of the portrayal
  • Material used only to pander or shock
  • Indecent material can be employed during the so-called "safe harbor" period between 10 p.m. and 6 a.m.

Profanity - Highly offensive words that are a "nuisance", legally speaking. Like indecency, profanity can be employed during the "safe harbor" period.

NOTE: As of this writing, violent material is NOT included under any of the above definitions; ergo, material cannot be declared obscene or indecent for reasons of violent content alone.


COMPLAINT STATISTICS
(Raw data here)

# of complaints for 2005: 189,362 covering 720 separate programs. This was twice as many programs as last year, though there were far fewer complaints overall.

Media: The majority of complaints were directed towards radio broadcasts and network television equally. This is roughly consistent with recent years.

# of charges: None, though three months are unaccounted for in the statistics.

That wasn't so painful, was it? Now that we're all informed, it's time for a dirty joke. It contains violence, excreta, substance abuse and sexual content. If you are easily offended, please don't read it. You have been warned.

--------------------------- -------------

A talent agent is sitting in his office at the end of the day. Two men, one young and vacant-looking and the other older with a scowl, enter the office and demand a viewing. The agent is tired, but he sees that the two are persistent, so he agrees to hear from them. "What do you do, exactly?" asks the agent. "Perhaps we should show you" replied the older men.

The older man produces a bottle of tequila and tosses it to the younger man, who uncorks it and begins drinking. Meanwhile, the older man reaches through the door and pulls out a naked, bound and hooded man. The older man flings the bound man to the ground and sodomizes him with a miniature model of the Statue of Liberty while cutting him with a switchblade. The younger man, now extremely drunk, drops his pants and begins pissing on the bound man. The older man, cackling evilly, drops his own pants, squats in the middle of the room, and takes a huge shit, wiping his ass with a replica of the Constitution. By now, the young man has emptied his bladder. Still heavily intoxicated, he grabs the soiled Statue of Liberty model and shoves it up his own ass. He then grabs his penis and masturbates with vigor and gusto. From out of nowhere, a group of almost two dozen men and women flood into the room, watching the young man's self-pleasing actions. He comes, and the crowd erupts in applause. From the back of the room, one of the women produces a small kitten and a claw hammer. The young man takes the objects and, kicking aside the still moaning captive, walks to the agent's desk where he proceeds to beat the kitten to death with the hammer. The crowd roars again while the older man takes the remains of the kitten and messily devours them.

The agent is shocked. "Th . . . that's certainly different." he says. "What, uh, what do you call it?"

"The Aristocrats!"


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could have lost $3.5 million in a single sentence?  

This is just another instance of the right setting the wrong priorities in protecting the country -- a tradition that includes John Ashcroft removing all the terrorist threats from the Justice Department's priority list in 2001 and instead adding prositution  in New Orleans.

by Devilstower on 01/24/2006 05:03:45 PM EST

Is the lower amount ($32,500) for profanity and the highest for obscenity?

Looking at this, it's no wonder Howard Stern split the airwaves.

I also find the "average person" criteria weird. What's an "average person" in America?

by SusanG on 01/24/2006 10:29:30 PM EST

I can't define it, but I know it when I see it.

The Albany Project. The best damned blog about New York State politics.

by NYBri on 01/24/2006 10:42:13 PM EST

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