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How does the FCC define 'indecent' speech?

Under FCC rules, broadcast indecency is "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities." By "contemporary community standards," the FCC means the standard "of an average broadcast viewer or listener and not the sensibilities of any individual complainant."


Have there been attempts to apply 'equal time' rules to newspapers?

Some states passed "right of reply" statutes to require newspapers that criticized candidates to give those candidates space to respond. In Miami Herald Publishing Co. v. Tornillo (1974), the U.S. Supreme Court said such statutes violated the First Amendment because the government cannot compel a newspaper to publish information. "A responsible press is an undoubtedly desirable goal," the Court said, "but press responsibility is not mandated by the Constitution and like many other virtues it cannot be legislated."


Do television networks have access to courtroom trials?

Television coverage is not allowed in federal courts. The state courts have been more receptive to allowing television coverage of trials, but none has recognized a right to broadcast a trial. The courts most receptive to cameras in the courtroom allow judges broad discretion in deciding whether to permit televised coverage.

The Radio-Television News Directors Association and its foundation closely monitor the federal and state rules governing cameras in the courtroom. The foundation posts a state-by-state guide of current law regarding cameras and microphones in courtrooms on its Web site.


What campaign-finance rules apply to broadcasters?

The rules that apply to broadcasters are mainly bookkeeping rules. Broadcasters are required to keep publicly available records of politically related broadcasting requests.

So, as stated in the 2003 Supreme Court decision McConnell v. Federal Election Commission, any request to purchase air time “made by or on behalf of” any “legally qualified candidate for public office” that refers to a “legally qualified candidate” or “any election to Federal office” or a “national legislative issue of public importance” has to be recorded and made available to the public.


 
 
 
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Last system update: Friday, July 25, 2008 | 04:51:28
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