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  • Category Archives FCC Under Homeland Security
  • FCC: Substantive Evil to Public Safety

    FCC: Substantive Evil to Public Safety

    CNN KATHY GRIFFITH USED  A PUBLIC TELEVISION NETWORK, (REGULATED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC)  TO COMMUNICATE AND VISUALLY DISPLAY, HER PROFANE “GROSSLY OFFENSIVE” DISTURBING, STOMACH TURNING, GORY, DECAPITATED BLOODY HEAD OF THE PRESIDENT OF THE UNITED STATES OF AMERICA.

    Kathy Griffin Beheads Donald Trump in Shocking Photo Shoot | TMZ …

    www.tmz.com/2017/05/30/kathy-griffin-beheads-donald-trump-photo-tyler-shields/

    May 30, 2017 – Kathy Griffin wants Donald Trump’s head … but she wants it bloody and … The comedian posed for the gory shot during a photo session with …

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    MAY 30, 2017  CNN KATHY GRIFFITH HOLDING UP THE SEVERED BLOODY, HEAD  OF PRESIDENT TRUMP,  ON PUBLIC TELEVISION, DID DESTROY THE TRANQUILITY, DID  DISTURB THE PEACE, DID TROUBLE, DID FRIGHTEN, DID STIR UP, DID AGITATE, DID EMOTIONALLY OR MENTALLY; UPSET…   USING PUBLIC FEDERAL COMMUNICATIONS IN THE UNITED STATES OF AMERICA.

    IF YOU SEE SOMETHING THAT INVOLVES  A “CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” TO THE PUBLIC SAFETY et al  AMERICAN CONGRESSMEN AND CITIZENS

    SAY SOMETHING…

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    FCC Broadcasting obscene content is prohibited by law at all times of the day. Indecent and PROFANE CONTENT ARE PROHIBITED ON BROADCAST TV AND RADIO BETWEEN 6 A.M. AND 10 P.M., WHEN THERE IS A REASONABLE RISK THAT CHILDREN MAY BE IN THE AUDIENCE. 

    PRESIDENT TRUMP’S  11 YEAR OLD SON, BARRON TRUMP, WAS WATCHING TELEVISION TUESDAY, MAY 30, 2017

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    WHAT IS THE FCC’S RESPONSIBILITY?

    EXPRESSIONS OF VIEWS THAT “DO NOT” INVOLVE A “CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” COME UNDER THE PROTECTION OF THE CONSTITUTION, WHICH GUARANTEES FREEDOM OF SPEECH AND FREEDOM OF THE PRESS AND PREVENTS SUPPRESSION OF THESE EXPRESSIONS BY THE FCC.

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    WHAT “CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” DID KATHY GRIFFITH VIEWS ON CNN INCITE?

    Kathy Griffin recently promoted a video showing a bloody, decapitated head of President Trump, demonstrating ISIS-style tactics for murdering your political opponents. The message? It’s okay to kill Republicans, and especially Trump.

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    Seething hatred of left-wing media drives shooter to target …

    www.naturalnews.com/2017-06-14-seething-hatred-of-left-wing-media-drives-shoote…

    2 days ago – TARGETING REPUBLICANS FOR THE KIND OF MASS MURDER PROMOTED BY KATHY …. TO TARGET CONGRESSIONAL REPUBLICANS IN ATTEMPTED MASS SHOOTING.

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    Federal law prohibits obscene, indecent and PROFANE, content from being broadcast on the radio or T.V.

    IN THE SUPREME COURT’S 1964 LANDMARK CASE ON OBSCENITY AND PORNOGRAPHY, JUSTICE STEWART POTTER FAMOUSLY WROTE: “I KNOW IT WHEN I SEE IT.”  THAT CASE STILL INFLUENCES FCC RULES TODAY, AND COMPLAINTS FROM THE PUBLIC ABOUT BROADCASTING OBJECTIONABLE CONTENT DRIVE THE ENFORCEMENT OF THOSE RULES.

    IN OTHER WORDS, IF YOU “KNOW IT, WHEN YOU SEE IT” AND FIND IT OBJECTIONABLE, YOU CAN TELL THE FCC AND ASK US TO CHECK INTO IT.

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    THE MEDIA BUREAU PHONE: (202) 418-7200 oversees broadcast radio and television, as well as cable and satellite services on behalf of consumers. It also administers licensing and policy matters for broadcast services and cable, and handles post-licensing matters for satellite services.

    Full unedited text….

    Obscene, Indecent and Profane Broadcasts Guide.

    Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.  That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.

    In the Supreme Court’s 1964 landmark case on obscenity and pornography, Justice Stewart Potter famously wrote: “I know it when I see it.”  That case still influences FCC rules today, and complaints from the public about broadcasting objectionable content drive the enforcement of those rules.

    In other words, if you “know it when you see it” and find it objectionable, you can tell the FCC and ask us to check into it.

    Deciding what’s obscene, indecent or profane

    Each type of content has a distinct definition:

    Obscene content does not have protection by the First Amendment.  For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

    Indecent content portrays sexual or excretory organs or activities in a way that does not meet the three-prong test for obscenity.

    PROFANE, content includes “grossly offensive” language that is considered a public nuisance.

    Factors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.

    Broadcasting obscene content is prohibited by law at all times of the day. Indecent and PROFANE, content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience.

    What about cable, satellite TV and satellite radio?

    Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio.  However, the same rules for indecency and profanity do not apply to cable, satellite TV and satellite radio because they are subscription services.

    ENFORCING THE RULES

    Enforcement of the obscenity, indecency and profanity rules usually begins with complaints from the public that FCC staff review for possible violations. If an investigation is warranted and the FCC finds a station in violation of its rules, it has the authority to revoke a station license, impose a fine or issue a warning.

    What information should I include in an obscenity, indecency or profanity complaint with the FCC?

    When filing a complaint, please include the following information:

    • Date and time of the broadcast.
    • The call sign, channel and/or frequency of the station.
    • Details of what was actually said or depicted during the broadcast.

    Detailed complaints are helpful for analyzing the context of offensive language, images or scenes and determining possible rule violations. It is also helpful (but not a requirement) to include a recording or transcript of a broadcast when possible, though any documentation you provide becomes part of the FCC’s records and may not be returned.

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    THE FCC AND FREEDOM OF SPEECH

    Full unedited text….

    FCC and Freedom of Speech Guide (pdf)

    The Federal Communications Commission receives numerous complaints that television and/or radio networks, stations or their employees or guests have broadcast extreme, incorrect or somehow improper political, economic or social statements.

    In some cases, the complaints allege that certain broadcast statements may endanger the United States or its people, or threaten our form of government, our economic system or established institutions like family or marriage. They say these statements are “un-American” and an abuse of freedom of speech. The FCC also receives complaints that some broadcast statements criticize, ridicule, “stereotype” or demean individuals or groups because of the religion, race, nationality, gender or other characteristics of the group or individual.

    FINALLY, MANY CONSUMERS COMPLAIN THAT TELEVISION OR RADIO BROADCASTS ARE OBSCENE, INDECENT, PROFANE OR OTHERWISE OFFENSIVE.

    WHAT IS THE FCC’S RESPONSIBILITY?

    The FCC is barred by law from trying to prevent the broadcast of any point of view. The Communications Act prohibits the FCC from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech.

    EXPRESSIONS OF VIEWS THAT “DO NOT” INVOLVE A “CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” COME UNDER THE PROTECTION OF THE CONSTITUTION, WHICH GUARANTEES FREEDOM OF SPEECH AND FREEDOM OF THE PRESS AND PREVENTS SUPPRESSION OF THESE EXPRESSIONS BY THE FCC.

    According to an FCC opinion on this subject, “the public interest is best served by permitting free expression of views.” This principle ensures that the most diverse and opposing opinions will be expressed, even though some may be highly offensive.

    THE FCC, HOWEVER, DOES HAVE ENFORCEMENT RESPONSIBILITIES IN CERTAIN LIMITED INSTANCES. For example, the Courts have said that indecent material is protected by the First Amendment to the Constitution AND CANNOT BE BANNED ENTIRELY.

    IT MAY BE RESTRICTED, HOWEVER, IN ORDER TO AVOID ITS BROADCAST WHEN THERE IS A REASONABLE RISK THAT CHILDREN MAY BE IN THE AUDIENCE. BETWEEN 6 A.M. AND 10 P.M. (when there is the greatest likelihood that children may be watching,) airing indecent material is prohibited by FCC rules.

    Broadcasters are required to schedule their programming accordingly or face enforcement action. Similarly, the Commission has stated that profane material is prohibited between 6 A.M. and 10 P.M.

    Finally, the courts have ruled that obscene material is not protected by the First Amendment and cannot be broadcast at any time. For more information about these rules, see our consumer guide.

    WHAT ARE THE BROADCASTERS’ RESPONSIBILITIES?

    Individual radio and television station licensees are responsible for selecting all broadcast matter and for determining how their stations can best serve their communities. Broadcast licensees are responsible for choosing both the entertainment programming and the programming concerning local issues, news, public affairs, religion, sports and other subjects to be aired by the station. They also decide how their programs, including call-in shows, will be conducted and whether or not to edit or reschedule programs or material (for example, moving a program to a time slot during which children may not be listening or watching).

    WHAT IF I HAVE A COMMENT AND/OR CONCERN ABOUT A SPECIFIC BROADCAST OR STATEMENT?

    If you consider a broadcast obscene, indecent, or PROFANE, you can file a complaint with the FCC. Factors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.

    PRESIDENT TRUMP’S  11 YEAR OLD SON, BARRON TRUMP, WAS WATCHING TELEVISION THAT DAY, TUESDAY, MAY 30, 2017

    HOW MANY OTHER CHILDREN WERE WATCHING?

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    It’s also clear that the shooter specifically targeted a Republican softball game, obviously driven to hatred and rage by the venomous narratives of the left-wing media and its Trump-hating propagandists.

    Leftist Violence Reaches Nadir in Assassination Attempt on GOP …

    www.newsmax.com/DeroyMurdock/james-t-hodgkinson-kathy-griffin…/796331/

    18 hours ago – PRETTY SOON, ALL OF THIS ASSASSINATION TALK WILL GET SOMEONE SHOT, I told my Fox News colleague Tucker Carlson on Tuesday afternoon. And on …

    INDEED, A CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” INCITING VIOLENCE.

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    THE FCC AND FREEDOM OF SPEECH

    EXPRESSIONS OF VIEWS THAT “DO NOT” INVOLVE  A CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” COME UNDER THE PROTECTION OF THE CONSTITUTION,

     WHICH GUARANTEES FREEDOM OF SPEECH AND FREEDOM OF THE PRESS AND PREVENTS SUPPRESSION OF THESE EXPRESSIONS BY THE FCC.

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    In the Supreme Court’s 1964 landmark case on obscenity and pornography, Justice Stewart Potter famously wrote: “I KNOW IT WHEN I SEE IT.”

     THAT CASE STILL INFLUENCES FCC RULES TODAY, AND COMPLAINTS FROM THE PUBLIC ABOUT BROADCASTING OBJECTIONABLE CONTENT DRIVE THE ENFORCEMENT OF THOSE RULES.

    IN OTHER WORDS, IF YOU “KNOW IT WHEN YOU SEE IT” AND FIND IT OBJECTIONABLE, you can tell the FCC and ask us to check into it.

    AND, YOU CAN FILE A COMPLAINT WITH THE FCC.

    IF YOU SEE SOMETHING THAT INVOLVES  A “CLEAR AND PRESENT DANGER OF SERIOUS, SUBSTANTIVE EVIL” TO THE PUBLIC SAFETY et al AMERICAN CONGRESSMEN AND CITIZENS

    SAY SOMETHING…

    THE FCC’S PUBLIC SAFETY & HOMELAND SECURITY BUREAU (PSHSB) ADVISES, MAKES RECOMMENDATIONS TO, OR ACTS FOR THE COMMISSION UNDER DELEGATED AUTHORITY, IN ALL MATTERS PERTAINING TO PUBLIC SAFETY, HOMELAND SECURITY, NATIONAL SECURITY, EMERGENCY MANAGEMENT AND PREPAREDNESS, DISASTER MANAGEMENT, AND ANCILLARY OPERATIONS. 

    FILE A COMPLAINT WITH THE FCC MEDIA BUREAU AND  SEND IT TO YOUR ELECTED MEMBERS IN THE U.S. CONGRESS.

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    foot note…

    The Federal Communications Commission (FCC) is an independent agency of the United States government created by statute (47 U.S.C. § 151 and 47 U.S.C. § 154) TO REGULATE interstate communications by radio, television, wire, satellite, and cable.

    Contact Phone: (202) 418-1300 24/7 Operations Center: (202) 418-1122