INSTRUCTIONS Test your knowledge: Click on either the True or False box. To advance to the next screen: 1.Click on the red arrow at the right-hand, bottom.

INSTRUCTIONS

Test your knowledge:

Click on either the True or False box.

To advance to the next screen:

1. Click on the red arrow at the right-hand, bottom of the screen; or

2. Click on the white arrow on the left-hand, bottom of your screen; or

3. Click anywhere on the screen.

INDECENCY QUIZ By John Crigler *

What’s your Indecency IQ? Test your knowledge about how the FCC interprets and enforces its indecency policy by answering “True” or “False” to the following questions. Twenty-five correct answers qualifies you as a Doctor of Indecency. Get 22 right and earn a Masters degree.

Of course, for every wrong answer you could be heavily fined. The maximum fine for a single violation is $325,000 for each violation, or up to a maximum of $3,000,000 for a "continuing" violation. Get more than three wrong, and you could risk possible revocation of your license.

© 2006 Garvey Schubert Barer. All rights reserved.

1. Some words are profane regardless of context.

True False

1. Some words are profane regardless of context.

TRUE. The FCC maintains that some language is “presumptively profane.”

2. A bare breast is more offensive than a bare butt.

True False

TRUE. Although both breasts and buttocks are considered sexual organs, an exposed female breast is considered indecent, while buttocks have been considered indecent only if touched in some way.

2. A bare breast is more offensive than a bare butt.

3. “Poop,” “penis,” “ass,” “kiss my ass,” “bastard,” “bitch,” “dick,” “dickhead,” “pissed –off,” and “booty” are not indecent.

True False

3. “Poop,” “penis,” “ass,” “kiss my ass,” “bastard,” “bitch,” “dick,” “dickhead,” “pissed –off,” and “booty” are not indecent.

TRUE. So long as the reference is fleeting.

4. Stations that air the same programs at the same time will be treated in the same way.

True False

4. Stations that air the same programs at the same time will be treated in the same way.

FALSE. As a general rule, the FCC fines only stations against whom a complaint is made, and then only if the program was broadcast outside the safe harbor period.

5. Words that cannot be understood by the average listener may nonetheless be indecent.

True False

5. Words that cannot be understood by the average listener may nonetheless be indecent.

TRUE. The law is not limited to obscene, profane, or indecent material broadcast in English.

6. Indecency counts even if it is broadcast by mistake.

True False

6. Indecency counts even if it is broadcast by mistake.

TRUE. The accidental nature of a broadcast may affect the amount of a fine, but not the fact that indecent material is broadcast.

7. Profanity is just another word for indecency.

True False

7. Profanity is just another word for indecency.

FALSE. Although there is overlap between the two concepts, the FCC insists that they are distinct, and that material that is not indecent may nonetheless be profane.

8. A program may be indecent even if no one is listening.

True False

8. A program may be indecent even if no one is listening.

TRUE. The broadcast of indecent matter is prohibited between 6 a.m. and 10 p.m., regardless of actual audience. It takes at least one complainant to raise the issue, but the Commission has not required complainants to prove that they listened.

9. Local community values determine whether a broadcast is indecent.

True False

9. Local community values determine whether a broadcast is indecent.

FALSE. The standard applied is a national standard. It is intended to reflect the values of an average broadcast viewer or listener, not the sensibilities of any individual listener or community.

10. Song titles are exempt from indecency prosecution.

True False

10. Song titles are exempt from indecency prosecution.

FALSE. There is no exception for song titles.

11. There is a limited exemption for classic songs and great literary works.

True False

11. There is a limited exemption for classic songs and great literary works.

FALSE. Artistic merit is considered as a factor, but is not an absolute defense to an indecency complaint.

12. The FCC exempts bona fide news events and documentaries from its indecency policy.

True False

12. The FCC exempts bona fide news events and documentaries from its indecency policy.

FALSE. Indecency law recognizes the importance of context, but grants no absolute exemptions for news ornews-worthy material.

13. The FCC distinguishes between commercial and noncommercial stations, just as listeners do.

True False

13. The FCC distinguishes between commercial and noncommercial stations, just as listeners do.

FALSE. It applies the same standard to all stations, although it may exercise discretion and impose a lesser fine on a noncommercial station.

14. The FCC distinguishes between the broadcast of live and recorded material.

True False

14. The FCC distinguishes between broadcast oflive and recorded material.

FALSE. The distinction between live and recorded material became virtually meaningless when the FCC decided to make even fleeting or isolated usages indecent.

15. Vile racial epithets and blasphemous religious slurs are profane.

True False

15. Vile racial epithets and blasphemous religious slurs are profane.

FALSE. The FCC took pains to exclude such language from the definition of profanity.

16. Under the Communications Act, air talent cannot be personally fined for indecent speech.

True False

16. Under the Communications Act, air talent cannot be personally fined for indecent speech.

FALSE. The Communications Act permits personal liability for a violation of the indecency law after the individual has received prior notice. Proposed legislation would remove the requirement of a warning.

17. If a listener is upset about an off-color joke on the air, the station must report the complaint to the FCC.

True False

17. If a listener is upset about an off-color joke on the air, the station must report the complaint to the FCC.

FALSE. Stations are not required to report the broadcast of matter that may be indecent.

18. A station won’t be fined if it bleeps or pixilates indecent material.

True False

18. A station won’t be fined if it bleeps or pixilates indecent material.

FALSE. Even an edited program may be found indecent if a sexual meaning can be inferred. The issue may devolve into a question of proof. If a station cannot provide satisfactory evidence of the broadcast of edited versions of music, the FCC could find that unedited indecent material was broadcast.

19. The FCC will not allow indecency complaints to be used as a form of harassment.

True False

19. The FCC will not allow indecency complaints to be used as a form of harassment.

FALSE. The origin of a complaint and the motive of the complainant are irrelevant.

20. The FCC will excuse exclamations uttered by winners on a live call-in contest line, such as “Holy shit!I won!”

True False

20. The FCC will excuse exclamations uttered by winners on a live call-in contest line, such as “Holy shit!I won!”

FALSE. The FCC has urged broadcasters to tape delay all live broadcasts. The fact that a broadcast is live may in appropriate circumstances, affect the amount of the fine.

21. Some of the infamous Seven Dirty Words are now so commonplace that they are no longer considered indecent.

True False

21. Some of the infamous Seven Dirty Words are now so commonplace that they are no longer considered indecent.

FALSE. The “Seven Dirty Words” were used in a 1970’s monologue by comedian George Carlin. Although indecency is no longer limited to such a list, the idea of inherently “bad” words is making a comeback in the guise of profanity. The Commission has found that the phrase “pissed off” is not indecent.

22. If one program contains six different indecent “utterances,” the FCC will consider fining the station for six violations, not just one.

True False

22. If one program contains six different indecent “utterances,” the FCC will consider fining the station for six violations, not just one.

TRUE. The FCC reserves the discretion to fine a station not just for the broadcast of a program containing indecent matter, but for each indecent utterance within a program.

23. Frottage, in any form, is indecent.

True False

23. Frottage, in any form, is indecent.

FALSE. “Caressing and rubbing” are not indecent if sexual organs are not depicted.

24. Cartoon characters may be indecent.

True False

24. Cartoon characters may be indecent.

TRUE. Although the Commission dismissed a complaint against “The Simpsons,” it held that “a cartoon might be patently offensive if it contained sufficiently graphic or explicit depictions of sexual or excretory organs or activities.

25. Even FCC Commissioners have a sense of humor.

True False

25. Even FCC Commissioners have a sense of humor.

FALSE. In the Commission’s own words: “It is well settled that comedy formats do not insulate otherwise indecent material.”

* John Crigler is a member of the Communications and Information Technology Group at the law firm of Garvey Schubert Barer.  He can be reached at (202) 965-7880 or [email protected].

The material presented here is intended solely for informational purposes and is of a general nature that cannot be regarded as legal advice. Please consult a communications attorney if you have specific questions - - about law.

© 2006 Garvey Schubert Barer. All rights reserved.