Oh, what's this?? Looky here.... a direct
contradiction to the Sarah Jones document, in the
FCC's own indecency statement. Apparently context IS
"critical". Let's hope this is the best thing that
every happened to this song. What's more enticing
than the words "banned by the FCC?"
B. Case Comparisons
10. The principal factors that have proved
significant in our decisions to date are: (1) the
explicitness or graphic nature of the description or
depiction of sexual or excretory organs or activities;
(2) whether the material dwells on or repeats at
length descriptions of sexual or excretory organs or
activities; (3) whether the material appears to pander
or is used to titillate, or whether the material
appears to have been presented for its shock value.
In assessing all of the factors, and particularly the
third factor, the overall context of the broadcast in
which the disputed material appeared is critical.
Each
indecency case presents its own particular mix of
these, and possibly other, factors, which must be
balanced to ultimately determine whether the material
is patently offensive and therefore indecent. No
single factor generally provides the basis for an
indecency finding.
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This archive was generated by hypermail 2b30 : Mon Jun 18 2001 - 20:36:21 CEST