In article <wkwdZSi00YUvI3q_gr@andrew.cmu.edu> "Declan B. McCullagh" <declan+@CMU.EDU> writes:
From: "Declan B. McCullagh" <declan+@CMU.EDU> Date: Tue, 9 Jan 1996 11:35:42 -0500 (EST) X-From-Line: owner-cypherpunks@toad.com Tue Jan 9 11:53:19 1996 References: <Pine.3.89.9601091009.F11357-0100000@griffin.emba.uvm.edu> Sender: owner-cypherpunks@toad.com Precedence: bulk Lines: 46
* INDECENCY is illegal to *broadcast* under Federal law, as enforced by the FCC. Examples of indecent words include "fuck" and "cocksucker," which the Supreme Court has defined as illegal in the George Carlin speech, Pacifica case. The justification for a compelling government interest is that radio waves are pervasive, and a child can turn on the radio and hear dirty words by accident. The great free speech attorney Harvey Silverglate has been representing Alan Ginsberg in an "indecency" case, since "Howl" contains "indecent" words -- I believe he managed to get the FCC to include an exemption for material broadcast after midnight.
Isn't a large part of the reason the FCC can regulate broadcasters without violating the first ammendment the fact that there are only a finite number of broadcast frequencies, and that TV/radio stations are required to serve the public interest? I don't see how the same login can be applied to the internet.