Obscene Speech is Not Protected by the First Amendment
Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. The Federal Communications Commission (FCC) may revoke a station license, impose a monetary forfeiture, withhold or place conditions on the renewal of a broadcast license, or issue a warning, for the broadcast of obscene or indecent material.
To be obscene, material must meet a three-prong test:
An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
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