ABSTRACT
OBSCENITY AND INDECENCY ON RADIO Radio has long been considered a guest in the home or car, and so the medium has been constrained in the kinds of language broadcast. The original language of the Radio Act of 1927 (Sec. 29) indicated that “No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio transmission.” However, it was not until 1948 that Congress put teeth into this provision by incorporating this prohibition into the criminal code (18 U.S.C.A. 1464). But does such a constraint violate First Amendment rights of free expression? And has the cultural climate of language usage changed since 1948? Do we know what constitutes obscene or indecent for everyone, or do these meanings differ from one person to another? Is there any good way for the Federal Communications Commission (FCC) or the courts to enforce this measure without violating a provision in the Communication Act (Section 326), let alone the First Amendment, that prohibits the censorship of broadcast communication? These questions complicate any clear answer to or brief discussion of this issue. However, some court decisions and activities of the FCC give us a history upon which we can base an informed discussion.
