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KB2VXA > WOEFUL 04.08.03 12:46l 46 Lines 1814 Bytes #999 (0) @ WW
BID : 11412_WT3V
Read: GUEST
Subj: Re: VK2AAB & obscenities
Path: DB0FHN<DB0RGB<DB0MRW<OK0PPL<DB0RES<ON0AR<7M3TJZ<LZ3NP<KD7HAH<VE2PAK<
N1UAN<W1GMF<K1UGM<W1ON<W1ON-5<K1UOL<K1UOL<WA2SNA<KC2COJ<WT3V
Sent: 030804/0711 11412@WT3V.#CNJ.NJ.USA.NOAM $:11412_WT3V
From: KB2VXA@WT3V.#CNJ.NJ.USA.NOAM
To : WOEFUL@WW
Hi Barry and readers,
To clear up a bit of confusion I noted in your bull regarding VK6BE Bob's
alleged obscenities, I can say that in the US the FCC and every court in
the land defines obscene and indecent language, images, etc. by what is
considered "contemporary community standards" by "an average person".
Sexually explicit material is defined by applicable state laws as
"described in a patently offensive way" and lacks "serious literary,
artistic, political or scientific value".
The above applies to the common definition of obscenty, while indecency
is judged by "contemporary community standards for the broadcast medium,
sexual or excretory activities or organs". One must understand that "the
broadcast medium" in no way implies the broadcast industry, but rather
the medium employed to broadcast the material, in this case Amateur Radio.
According to the Comission, "deliberate and repetitive use of such
expletives in a patently offensive manner would be a requsite to a
finding of indecency".
This according to The FCC Rule Book containing the FCC R&Rs with
explanation published by the American Radio Relay League, the ARRL.
I have good information from reliable sources in the UK that they're laws
upon which the RA depends are as vague as the definitions above,
therefore such may be argued in court with uncertain outcome.
I hope this information proves helpful in clearing up any confusion as to
what is proper Amateur conduct and what is not. Yeah, RIGHT! (;->)
73 de Warren, KB2VXA@WT3V.#CNJ.NJ.USA.NOAM
E-MAIL: kb2vxa@juno.com
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Message timed: 07:18 on 2003-Aug-04 GMT
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