Discussion Questions
How would we argue that George Carlin's seven dirty words monologue is an example of indecent material possessing significant social value?
Could a radio station lawfully air a reading from a literary classic, such as James Joyce's Ulysses, where the reading includes many "dirty" words and phrases?
In 1995, broadcast comedian Howard Stern mocked the grieving fans of murdered Tejano singer, Selena, and played her music backed by the sound of gunfire. Outraged listeners flooded a Dallas station with complaints after which Stern apologized on the air. The League of United Latin American Citizens, however, said it would file a complaint with the FCC. What action, if any, could the FCC take against Mr. Stern's response to Selena's murder?
In your view, how would the "average" parent view the Federal Communication Commission's duty in regulating Howard Stern's sometimes sexually explicit broadcasts?
In an important 1997 decision, Reno v. American Civil Liberties Union (117 S.Ct. 2329), the United States Supreme Court struck down the "indecency" and "patently offensive" portions of the Communications Decency Act as unconstitutional abridgements of adults' freedom of speech. The CDA imposed criminal penalties for knowingly transmitting indecent material on the Internet in a way that permitted the material to be accessed by children. The Act defined indecency as any communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.
From a social welfare point of view, what arguments might be raised both for and against the indecency provisions of the CDA?