Let’s look at what the regulators themselveshave to say on the issue
[QUOTE=Federal Communications Commission]
Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.
The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience.
Consistent with a federal indecency statute and federal court decisions interpreting the statute, the Commission adopted a rule that broadcasts – both on television and radio – that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are prohibited and subject to indecency enforcement action.
Profane Broadcast Restrictions
The FCC has defined profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”
[/QUOTE]
Do “penis” and “vagina” appeal to “prurient interest”? Not to mine, they don’t.
Are they “patently offesnive” sexual terms? Actually, they are the “proper” terms.
Are they "language so grossly offensive to members of the public who actually hear it as to amount to a nuisance”?
And even if they sound “kinda vulgar” to you, vulgarity is not against the rules unless it reaches the level of “grossly offensive.”
Finally, let’s remember the words of the late Supreme Court justice Potter Stewart, who said, in a decision about pornography, “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it…”
