Broadcast and Internet Indecency

Jeremy Lipschultz (Ph.D., Southern Illinois University) is the Reilly Professor and Interim Director, School of Communication, University of Nebraska at Omaha. He has written several books on related topics (Broadcast Indecency: F.C.C. Regulation and the First Amendent (Focal Press, 1997) and Free Expression in the Age of the Internet: Social and Legal Boundaries (Westview Press, 2000). He writes the New Communications Technology chapter each year for Wat Hopkins' textbook Communication and the Law (Vision Press, 2005). Lipschultz is co-author of Crime and Local TV News: Dramatic, Breaking and Live from the Scene (LEA, 2002), and Mass Media, an Aging Population and the Baby Boomers (forthcoming). He has written numberous scholarly articles in refereed publications such as Journalism & Mass Communication Quarterly, Journalism & Mass Communication Educator, Journal of Broadcasting & Electronic Media, Educational Gerontology, Journal of Social Behavior and Personality, Journal of Radio Studies, Newpaper Research Journal, Studies in Media & Information Literacy.

• Table of ContentsBroadcast & Internet Indecency: Defining Free SpeechChapter I. Introduction to Broadcast and Internet IndecencyThe Engaging QuestionsStern Helps Define the IssuesSocial and Legal IssuesMiller v. CaliforniaBroadcasting, Cable and the InternetSafe Harbor IssuesTo Regulate or NotIndecency and ObscenityChapter SummaryReview QuestionsChapter II. History of American BroadcastingHistorical Context of Broadcast RegulationShip-to-Shore Communications and Interference ChaosNBCRed LionPublic Interest, Convenience and NecessityNewton Minnow Calls Television in 1961 a ÒVast WastelandÓThe Highpoint of RegulationDeregulation, FCC Policy Statements and Congressional ResponsesData and ProcessesParental Control or Government ControlTV Watch Study Finds Opposition to Current FCC RegulationChapter SummaryReview QuestionsChapter III. Theory and Research in Broadcast and Internet IndecencyNormative First Amendment TheoriesDouglas’ Near-absolutist ViewStrict ScrutinyTheories of FCC and FTC RegulationLegal AnalysesCarlin Monologue as Transcribed by Pacifica CourtSocial and Psychological ResearchSocial Theory and Computer-Mediated CommunicationChapter SummaryReview QuestionsChapter IV. Adult EntertainmentThe Pornography BusinessGirls Gone Wild Video Producer Guilt of Exploiting ChildrenMedia Law on PornographyZoning and the LawPay Cable ChannelsSatellite Radio and TelevisionX-rated MoviewsChapter SummaryReview QuestionsChapter V. The Legacy of Pacifica and the Action for Children’s Television CasesA Single ComplaintPolitical Implications of the Indecency BanFCC Order and the Diaz StatementDial-a-Porn: Sabe CommunicationsDecision and ReasoningACT IACT IIACT IIIInterpretations of the OpinionPolitical GeneralizationsDevelopmentsPolitical ImplicationsPolitics of Broadcast RegulationChapter SummaryReview QuestionsChapter VI. Cable Television, New Technologies and New DefinitionsFirst Amendment RightsThe First Amendment and CyberspaceNon-broadcast Video OptionsAppendix to the Opinion of the CourtSatellite IssuesDigital TelevisionThe InternetIndecency, Obscenity and the New Media WorldChapter SummaryReview QuestionsChapter VII. New Media IssuesCultural Concerns about IndecencyComputer-Mediated CommunicationMancow Thrives in Post-indecency Complaint CareerOther Internet Issues: YouTubeFox Shows F-word During Playoff GameLibel, Privacy and CopyrightChapter SummaryReview QuestionsChapter VIII. The Fight Over Indecent ContentIndecent Content and the FCCThe Special Case of the Super BowlExplicit PodcastingChapter SummaryReview QuestionsChapter IX. Political and Religious IssuesThe Politics of RegulationReligious ConcernsReligion, Washington and IndecencyCongressman Fred Upton Seeks to Have Broadcasters Think TwiceNBC Show Las Vegas Draws AFA ComplaintsImpact of a CrackdownA Market for ReligionFaith in a Box StudyChapter SummaryReview QuestionsChapter X. Trends: Fines, Enforcement, Laws and RegulationFCC Tells the Public About Indecency RegulationRegulation of Obscenity, Indecency and ProfanityFrequently Asked QuestionsHow to File a ComplaintFCC Lawyer Challenged by Second Circuit Court of Appeals PanelRaising the Broadcast FinesInternet FreedomsSNL Censored Skit Plays on YouTubeProjectionsImplications for Defining Free ExpressionChapter SummaryReview QuestionsReferencesAppendix AAppendix BAppendix CAppendix DAppendix EAppendix FAuthor IndexSubject Index

"Broadcast and Internet indecency are fascinating areas of research. The issue of whether offensive speech that isn't legally obscene should be regulated has captured the interest of numerous legal scholars since the 1970s. In this book, Jeremy Lipschultz explores indecency from legal, social and theoretical perspectives. This alone makes this work an important contribution to the discourse of freedom of speech, especially "offensive" speech. Those of us who have studied the regulation of indecency know that this subject can become clouded by self-righteousness and politics. I welcome Jeremy Lipschultz's effort to bring such a broad range of approaches into the study of indecency regulation. He certainly has done a great deal of work in this area and this book allows him to put it all together into a coherent and meaningful whole."Milagros Rivera SanchezChair, Communications and New Media ProgramNational University of Singapore