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REPLY TO THREAD
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Subject
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The Walking Dead BROKE FCC regulations! GRAPHIC violence before 10PM is ILLEGAL. - UPDATE: does not apply to cable, I was wrong.
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Original Message
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Aired to over 17 million (beating the NFL)
I had to leave the room, hubby watched the second half without me. I will never watch that show again, and ive watched it all.
The gross brutality and evilness was over the top and its this kind of evil that has desensitized our nation to the point that real death does not shock us anymore.
I am angry that they did this! Screw them! They lost viewers for it! ~GLP anon coward
The Law DOES NOT APPLY TO CABLE
What are the statutes and rules regarding the broadcast of obscene, indecent, and profane programming? Title 18 of the United States Code, Section 1464, prohibits the utterance of any obscene, indecent or profane language by means of radio communication. Consistent with a subsequent statute and court case, the Commission's rules prohibit the broadcast of indecent material during the period of 6 a.m. and 10 p.m. FCC decisions also prohibit the broadcast of profane material between 6 a.m. and 10 p.m. Civil enforcement of these requirements rests with the FCC, and is an important part of the FCC's overall responsibilities. At the same time, the FCC must be mindful of the First Amendment to the United States Constitution and Section 326 of the Communications Act, which prohibit the FCC from censoring program material, or interfering with broadcasters' free speech rights.
What makes material obscene? Obscene speech is not protected by the First Amendment and broadcasters are prohibited, by statute and regulation, from airing obscene programming at any time. According to the U.S. Supreme Court, to be obscene, material must meet a three-prong test: (1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest (i.e., material having a tendency to excite lustful thoughts); (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value. The Supreme Court has indicated that this test is designed to cover hard-core pornography.
What makes material indecent? Indecent material contains sexual or excretory material that does not rise to the level of obscenity. For this reason, the courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience. The FCC has determined, with the approval of the courts, that there is a reasonable risk that children will be in the audience from 6 a.m. to 10 p.m., local time. Therefore, the FCC prohibits station licensees from broadcasting indecent material during that period.
from [link to www.fcc.gov (secure)]
I was wrong, these regulations do not apply to cable TV.
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