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Freedom of speech has been a questionable subject perhaps from the time that this countries forefather wrote it
into the bill of rights. The meaning has broken down and used in so many self serving ways that the very basics
of right and wrong seen to have lost. What is freedom of speech? How is it determined, and most importantly
who determines what freedom of speech is
There are several factors that we now must take into account in order to determine what is freedom of speech.
Morality: should morality be a deciding factor? If so what and who’s morals shall be followed. Religious morals
would lead to the argument of which religion do we follow Christianity, Buddhism,
Hinduism, or the Muslim religion.
Offensive: What is offensive? Now-a-days what was once seen as offensive is quite acceptable. From music to
movies to television and publication its all systems go. This country has taken the most offensive words and
“flipped them” the b-word was once a word that would cause a fight, but now it’s endearing. Being called dog
is not just reserved for the boys in the hood, I’ve heard it in the pulpit, in business, and in upper class white
America . And we can not leave out the most controversial word of all “nigga,” not only has this word crossed
age boundaries (a term used by youth) but now has seemed to cross color lines. To understand when, why, and
who use and who flipped the word would take us back slavery times when the word was intended to hurt and
degrade African Americans, however many blacks back then used the word even though they understood its
intent far more this or any other generation ever could, nevertheless it was used when masta wasn’t around.
Looking at black films you’ll see the word used to both cut and endear so why is it now being examined so
closely? Can the word really be discarded if African Americans stop using it? Can African Americans come
together and agree to stop using it? Some say with so many more pressing issues should this be a main focus
when in actuality the word will never go away.
Law Makers: Should the law makers decide what freedom of speech is or is not?
Where is the line between decency and censorship? Sometimes decisions on profanity and which context it can
be used on is decided by a court. This has happed many time most recently in the case of FOX v FCC over the
use of profanity by Nicole Richie during a awards show the FCC ruled it profane then the court dismissed it.
A profanity (or bad word, swear word, curse word, cuss word, dirty word, or collectively foul, bad or strong
language) under current colloquial use is a word, expression, gesture, or other usage which is socially
constructed as insulting, rude or vulgar.
Regulation of Obscenity, Indecency and Profanity
It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to
broadcast indecent or profane programming during certain hours. (See definitions}. Congress has given the
Federal Communications Commission (FCC) the responsibility for administratively enforcing the law that
governs these types of broadcasts. The FCC has authority to issue civil monetary penalties, revoke a license or
deny a renewal application. In addition, violators of the law, if convicted in a federal district court, are subject
to criminal fines and/or imprisonment for not more than two years.
The FCC vigorously enforces this law where we find violations. In 2004 alone, the FCC took action in 12 cases,
involving hundreds of thousands of complaints, assessing penalties and voluntary payments totaling
approximately $8,000,000. The Commission has also toughened its enforcement penalties by proposing monetary
penalties based on each indecent utterance in a broadcast, rather than proposing a single monetary penalty for
the entire broadcast.
At the same time, however, the Commission is careful of First Amendment protections and the prohibitions on
censorship and interference with broadcasters' freedom of speech. The FCC has denied complaints in cases in
which we determined the broadcast was not indecent based on the overall context of the programming.
Regardless of the outcome, the FCC strives to address every complaint within 9 months of its receipt.
CBS ANSWERS & QUESTIONS
#Why is there so much profanity on some of your programs?
As a rule, profane language is not used in our programming. However, in certain circumstances, because of the
theme or dramatic tone of the program, coarse language is sometimes used.
If this is the case, we exercise our strongest tools as a broadcaster to protect sensitive viewers. Adult programs
are generally aired in appropriate time slots. In a earlier time slot, an advisory warning usually precedes the
broadcast. In addition to this, our stand on the issue of profanity is defined in our manual, Journalistic
Standards and Practices. Here is an excerpt from it:
4.1-- As a general rule, profanity or expressions which would give offense to a considerable number of the
audience must not be used. It is not practicable to prescribe a list of words and phrases which could not be
broadcast in any circumstances, as public acceptance in this area is always changing...There are occasions when
the broadcast of an expression normally considered offensive may be justified. The validity of such language
within the context of the program must be evaluated. Furthermore, it must be apparent that editing out the
expression would impair the integrity and significance of the information which is in itself important enough to
justify broadcast.
THE SUPER BOWL HALF TIME CASE - Before the FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
The FCC?s Enforcement Bureau notes that material considered merely indecent (but not obscene) may be
broadcast between 10?p.m. and 6 a.m. The intent is to keep children from such material. And these laws don't
apply to obscenity or indecency on cable-only channels -- thus explaining the language on Sex in the City and
The Sopranos
The way morals are changing in this country are changing some for the better some for the worse, but they are
all protected by freedom of speech. The best way to combat things that you view as immoral is easy
TURN THE CHANNEL.
into the bill of rights. The meaning has broken down and used in so many self serving ways that the very basics
of right and wrong seen to have lost. What is freedom of speech? How is it determined, and most importantly
who determines what freedom of speech is
There are several factors that we now must take into account in order to determine what is freedom of speech.
Morality: should morality be a deciding factor? If so what and who’s morals shall be followed. Religious morals
would lead to the argument of which religion do we follow Christianity, Buddhism,
Hinduism, or the Muslim religion.
Offensive: What is offensive? Now-a-days what was once seen as offensive is quite acceptable. From music to
movies to television and publication its all systems go. This country has taken the most offensive words and
“flipped them” the b-word was once a word that would cause a fight, but now it’s endearing. Being called dog
is not just reserved for the boys in the hood, I’ve heard it in the pulpit, in business, and in upper class white
America . And we can not leave out the most controversial word of all “nigga,” not only has this word crossed
age boundaries (a term used by youth) but now has seemed to cross color lines. To understand when, why, and
who use and who flipped the word would take us back slavery times when the word was intended to hurt and
degrade African Americans, however many blacks back then used the word even though they understood its
intent far more this or any other generation ever could, nevertheless it was used when masta wasn’t around.
Looking at black films you’ll see the word used to both cut and endear so why is it now being examined so
closely? Can the word really be discarded if African Americans stop using it? Can African Americans come
together and agree to stop using it? Some say with so many more pressing issues should this be a main focus
when in actuality the word will never go away.
Law Makers: Should the law makers decide what freedom of speech is or is not?
Where is the line between decency and censorship? Sometimes decisions on profanity and which context it can
be used on is decided by a court. This has happed many time most recently in the case of FOX v FCC over the
use of profanity by Nicole Richie during a awards show the FCC ruled it profane then the court dismissed it.
A profanity (or bad word, swear word, curse word, cuss word, dirty word, or collectively foul, bad or strong
language) under current colloquial use is a word, expression, gesture, or other usage which is socially
constructed as insulting, rude or vulgar.
Regulation of Obscenity, Indecency and Profanity
It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to
broadcast indecent or profane programming during certain hours. (See definitions}. Congress has given the
Federal Communications Commission (FCC) the responsibility for administratively enforcing the law that
governs these types of broadcasts. The FCC has authority to issue civil monetary penalties, revoke a license or
deny a renewal application. In addition, violators of the law, if convicted in a federal district court, are subject
to criminal fines and/or imprisonment for not more than two years.
The FCC vigorously enforces this law where we find violations. In 2004 alone, the FCC took action in 12 cases,
involving hundreds of thousands of complaints, assessing penalties and voluntary payments totaling
approximately $8,000,000. The Commission has also toughened its enforcement penalties by proposing monetary
penalties based on each indecent utterance in a broadcast, rather than proposing a single monetary penalty for
the entire broadcast.
At the same time, however, the Commission is careful of First Amendment protections and the prohibitions on
censorship and interference with broadcasters' freedom of speech. The FCC has denied complaints in cases in
which we determined the broadcast was not indecent based on the overall context of the programming.
Regardless of the outcome, the FCC strives to address every complaint within 9 months of its receipt.
CBS ANSWERS & QUESTIONS
#Why is there so much profanity on some of your programs?
As a rule, profane language is not used in our programming. However, in certain circumstances, because of the
theme or dramatic tone of the program, coarse language is sometimes used.
If this is the case, we exercise our strongest tools as a broadcaster to protect sensitive viewers. Adult programs
are generally aired in appropriate time slots. In a earlier time slot, an advisory warning usually precedes the
broadcast. In addition to this, our stand on the issue of profanity is defined in our manual, Journalistic
Standards and Practices. Here is an excerpt from it:
4.1-- As a general rule, profanity or expressions which would give offense to a considerable number of the
audience must not be used. It is not practicable to prescribe a list of words and phrases which could not be
broadcast in any circumstances, as public acceptance in this area is always changing...There are occasions when
the broadcast of an expression normally considered offensive may be justified. The validity of such language
within the context of the program must be evaluated. Furthermore, it must be apparent that editing out the
expression would impair the integrity and significance of the information which is in itself important enough to
justify broadcast.
THE SUPER BOWL HALF TIME CASE - Before the FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
The FCC?s Enforcement Bureau notes that material considered merely indecent (but not obscene) may be
broadcast between 10?p.m. and 6 a.m. The intent is to keep children from such material. And these laws don't
apply to obscenity or indecency on cable-only channels -- thus explaining the language on Sex in the City and
The Sopranos
The way morals are changing in this country are changing some for the better some for the worse, but they are
all protected by freedom of speech. The best way to combat things that you view as immoral is easy
TURN THE CHANNEL.