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34. Obscenity/Indecency
OBSCENITY/INDECENCY
I. OBSCENE MATERIAL
Obscene material is defined by the Supreme Court as material which "(1) the average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; (2) depicts or describes in a patently offensive way sexual conduct; and (3) taken as a whole lacks serious literary, artistic, political or scientific value." Obscene material is not protected by the First Amendment and cannot lawfully be broadcast at any time. KBOO shall not broadcast obscene material at any time.
II. INDECENT MATERIAL
Indecent material is defined by the Federal Communications Commission as material which, "in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs." Indecent material is protected by the First Amendment; it cannot be banned but can be regulated. The FCC currently prohibits the broadcast of indecent material from 6:00 a.m. to 8:00 p.m. KBOO shall not broadcast indecent material during those hours. The broadcast of indecent material during the "safe harbor" period shall be preceded by the following disclaimer: "The following program contains language which may be offensive to some listeners."
III. RESPONSIBILITY OF ON-AIR VOLUNTEERS
On-Air Volunteers are responsible for implementing this policy and for knowing the content of any material they broadcast. Any questions about the suitability of any material shall be directed to the Program Director.
Adopted by Board of Directors 6/24/92, as amended 8/25/93
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