About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

31 Hastings Comm. & Ent. L.J. [i] (2008-2009)

handle is hein.journals/hascom31 and id is 1 raw text is: HASTINGS COMMUNICATIONS
AND ENTERTAINMENT LAW
JOURNAL
COMM/ENT
Volume 31, Number 1
TABLE OF CONTENTS
ARTICLES
BROADCAST PROFANITY AND THE RIGHT TO BE LEFT
ALONE: CAN THE FCC REGULATE NON-INDECENT
FLEETING EXPLETIVES UNDER A PRIVACY MODEL?
by Edward L. Carter, R. Trevor Hall, & James C.
Phillips  ..........................................................................  1
This manuscript examines the issue of broadcast profanity
regulation in light of the Supreme Court's March 2008 decision to
grant certiorari in an appeal from the U.S. Court of Appeals for the
Second Circuit. The Second Circuit in 2007 held that the FCC was
arbitrary and capricious in its decision to begin prohibiting single
profanities, or fleeting expletives, on broadcast television.
However, the common law of nuisance and the law of privacy may
provide justification for the FCC to regulate broadcast profanity
under 18 U.S.C. § 1464. Although some argue that regulating
broadcast profanity would induce a chilling effect on broadcast
speech or would be futile in light of proliferation of profanity
across society, relevant Supreme Court precedents seem to allow
prohibition of profanity when it attempts to enter the home. A
review is undertaken of the status of profanity in the law by
examining the history of nuisance actions for profanity as well as
contemporary zones of activity, including schools, the workplace
and courtrooms, in which the law allows prohibitions on profanity.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most