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May 1, 2009
Judge Tom
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On-air profanity barred by U.S. Supreme Court

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On April 28, 2009, the United States Supreme Court* continued its effort to protect children from offensive language on television and radio. 

Photo by Vegan Ducky (Flickr)

The Court upheld the ban on indecent language including the word  s__t  or the F-word that are aired before 10 o’clock at  night.  The ruling covers single word violations by broadcasters as well as  repeated expletives.  Although adults have a constitutional right to indecent materials, courts have upheld the government’s authority to  keep it from children.

The controversy over indecent language on the air  heated up in 2004 when U2 singer Bono said on live television that winning an award such as the Golden Globe was “really, really f—ing brilliant.”  Other celebrities including Cher and Nicole Richie also ran afoul of the rule in broadcast programs.  The federal law does not apply to cable content or the Internet.

IMG_0026 by blindwithrain

Photo by Blindwithrain (Flickr)

*see F.C.C. v. Fox TV Stations – U.S. Supreme Court, 2009.

What do you think about profanity during the so-called family hour?  Are you concerned about your younger brothers and sisters being exposed to offensive language?  Should there be limits set by the government or should parents decide what programs come into their home?

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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2 Comments

  • Chad
    May 21, 2009 7:20 am count( 0 )

    Wow. This is a very bad decision.

    Children from 6th grade and up are exposed to more swear words in a day than are even IN any list of songs or interviews. School has much, much more swearing and sexual things than radio, there is no point to banning swearing from radio.

  • julie
    May 13, 2009 8:32 pm count( 1 )

    -stimulated good discussion 🙂