Introduction to Broadcasting Indecency Law
The United States Code (18 U.S.C. 1464) gives the Federal Communications Commission (FCC) authority to punish any party who "utters any obscene, indecent, or profane language by means of radio communication."
In general, the FCC and the courts take the position that broadcast material that is indecent but not obscene may be channeled to certain times of day but may not be forbidden entirely. On the other hand, obscene material enjoys no First Amendment protection.
Indecent material can take many forms, but the FCC has issued warnings over broadcasts of the play "Jerker," the song "Makin' Bacon," and various remarks on the Howard Stern radio program.