Politician would ban dirty words from TV

SFGate ^

[conservativefromGa]

To amend section 1464 of title 18, United States Code, to provide for the punishment of certain profane broadcasts, and for other purposes. (Introduced in House)

HR 3687 IH

108th CONGRESS

1st Session

H. R. 3687 To amend section 1464 of title 18, United States Code, to provide for the punishment of certain profane broadcasts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 8, 2003 Mr. OSE (for himself and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

A BILL To amend section 1464 of title 18, United States Code, to provide for the punishment of certain profane broadcasts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1464 of title 18, United States Code, is amended--

(1) by inserting `(a)' before `Whoever'; and

(2) by adding at the end the following:

`(b) As used in this section, the term `profane', used with respect to language, includes the words `shit', `piss', `fuck', `cunt', `asshole', and the phrases `cock sucker', `mother fucker', and `ass hole', compound use (including hyphenated compounds) of such words and phrases with each other or with other words or phrases, and other grammatical forms of such words and phrases (including verb, adjective, gerund, participle, and infinitive forms).'.

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[OXENinFLA]

This will be a floor debate to watch.

[Sacajaweau]

What took them so long?? Everytime I hear one of these words, I look at the clock. Yes, my 8 and 5 year old grandchildren are still up. I'm stunned by Everyone loves Raymond sometimes and I'm sick of it, too.

[secret garden]

I would welcome that type of legislation. I'm sick of all the profanity.

[OXENinFLA]

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1464

Section 1464. Broadcasting obscene language

Whoever utters any obscene, indecent, or profane language by
means of radio communication shall be fined under this title or
imprisoned not more than two years, or both.

[Cboldt]

Again? See George Carlin's "Seven Dirty Words" sketch from, what, 30 years ago?

I'm conflicted on using the law this way. I prefer to have control over when and how I (and now, my kids) am exposed to coarse language [ I'm okay with most coarse language, in principle, but there are inappropriate times and settings ]. I suppose I'd rather let the marketplace settle this. If one doesn't like the langauge emanating from the teevee, turn the channel, or better yet, turn it off.

[OXENinFLA]

Section 1464. Broadcasting obscene language

Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

Uh, does that cover TV?

[OXENinFLA]

Why not ban saying the same words in publik too?

Oh, wait some places already do.

[Montfort]

It reminds me of PJ O'Rourke's grandmother, who would not permit the word Democrat to be spoken in the house.

She simply referred to Democrats as "those bastards."

[TomGuy]

Wow, would that mean no more speeches from John Effing Kerry or Wesley "I'll beat the sh|t out of him" Clark?

[OXENinFLA]

04.02.02

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TRAVERSE CITY, Mich. — The Michigan Court of Appeals yesterday struck down a 105-year-old law against using vulgar language in front of women and children, throwing out the conviction of a canoeist who let loose a stream of curses after falling into the water.

A three-judge panel ruled in favor of Timothy Joseph Boomer. An Arenac County jury had found him guilty in 1999 of swearing after tumbling into the Rifle River.

He was fined $75 and ordered to work four days in a child-care program, but the sentence was put on hold while the case was appealed.

Enacted in 1897 and slightly reworded in 1931, the law says anyone using "indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor."

The appeals panel said it would be "difficult to conceive of a statute that would be more vague," and that it violated the First Amendment guarantee of free speech.

"Allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction," the written opinion said. Boomer, 28, of Roseville, said he was relieved.

"I think freedom of speech is very important," he said. "It was a very worthy cause to fight for."

His trial attorney, William Street of Saginaw, said lower courts should have tossed out the case.

"But at least the Court of Appeals ruling ... makes it clear for all counties and all prosecutors, and no one will be caught in the circumstances of Mr. Boomer again," Street said.

Richard Vollbach, the Arenac County assistant prosecutor who handled the case, said he was surprised and would consider appealing the case to the Michigan Supreme Court.

"If it was a rationale I could digest, I'd probably leave it alone. But this one's a little bothersome to me," he said.

Boomer was canoeing with friends in August 1998 on the river, which winds through rural Arenac and Ogemaw counties before emptying in Lake Huron about 130 miles north of Detroit.

Witnesses testified Boomer fell out when his canoe struck a rock. A man who was in a nearby boat with his wife and two young children testified Boomer yelled curses for several minutes as they hurried away.

A sheriff's deputy who ticketed Boomer said he could hear the shouts a quarter-mile downstream.

Boomer acknowledged to reporters he "might have" uttered a profanity two or three times.

During the trial, District Judge Allen Yenior ruled unconstitutional the ban on cursing in front of women but left intact the provision dealing with children. A circuit judge upheld Yenior's decision.

The appeals court ruling, signed by Judges William Murphy, David Sawyer and Joel Hoekstra, said the law did not make clear what words were prohibited. Applying the ban only to language a "reasonable person" should know is profane wouldn't fix the problem, they said.

"This ... would require every person who speaks audibly where children are present to guess what a law enforcement officer might consider too indecent, immoral, or vulgar for a child's ears," the judges wrote.

Vollbach said many laws have similar wording. For example: A person who uses "abusive, profane or indecent language" on a train can be taken into custody or kicked off.

"That's almost identical ... and no one's suggesting it's vague," he said.

The appeals court decision does not leave society defenseless against obnoxious public behavior, said Michael J. Steinberg, legal director of the Michigan chapter of the American Civil Liberties Union, which handled the Boomer case.

"There are plenty of constitutional means ... to regulate improper conduct," such as noise ordinances and laws against public drunkenness, Steinberg said. "But you cannot act as speech police."

Boomer, who said many people still know him as the "cussing canoeist," is taking no chances.

"I'm a little more careful about what I say in public these days," he said. "I don't think I'll ever live it down completely."

[ItsOurTimeNow]

I agree, and I think it goes much deeper than that.

Having reruns of "Boy Meets Boy" and "Queer Eye" at 7pm on a weekend!??!

Outrageous.

Thankfully, we hardly watch any TV in our house. Most everything that we watch is on tape or DVD. THat way, my wife and I can screen everything much better. Leaving network executives in charge of program decency is like leaving Keith Moon in charge of your china collection.

[j_tull]

I think you have to demonstrate that there's a harm'' by allowing dirty words on the public airwaves. "That's a burden they can't meet.''

Unless the word used is nigger, then stand by!

[Sacajaweau]

When I was 8, I saw the Secret Garden as a play in Rochester, NY at the Eastman Theater. I consider it a highlight of my life.

40 years later, I visited my doctor who lived in a mansion on East Avenue in Rochester. She had a huge walled garden in back of her mansion. It was so like the Secret Garden, I almost cried.

[KarlInOhio]

On this week's episode of C-Span "After Dark", listen to Brian Lamb go through the entire list of words from HR 3687, including all the adjective, gerund, participle, and infinitive forms he can think of.

[Mark was here]

Why the heck not?

It's for the children!

We should just fall on our knees and worship any proposal that is "for the children".

Give me a flipping break.

As far as dirty words go on television go, you would have to be a nut to watch some of these shows anyway, so the people are getting what they deserve.

You do not need to have the State screen your entertainment, you are free to entertain your self, if you want to gaze at a stupid show, it's your responsibility.

[Sacajaweau]

Saw Carlin "live" YEARS AGO and he did this monologue. I hardly found it offensive. By the end of his show, I was crying because my side hurt from laughing so hard.

I didn't have my kids with me because they can't differentiate between humor and offensive language.....like the recent statement...."You remember Ghandi....How ANYONE could consider it humorous, I'll never know.

[FreedomGuru]

Section 1464. Broadcasting obscene language Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

Will this include the words- "Bill Clinton", "DNC",etc? :-)

[Cboldt]

Saw Carlin "live" YEARS AGO and he did this monologue. I hardly found it offensive.

Wow, it really has been 30 years. I've gotta get out more!

Our kids are pretty good with bad language. They recognize it, don't repeat it, and aren't particularly enamoured with it.

I laughed my butt off at South Park, the Movie. Inappropriate language can be pretty darn funny.

On October 30, 1973 radio station WBAI-FM broadcast a recording of comedian George Carlin with his now famous "Seven Dirty Words ..."
TV ACRES: Censorship & Scandals - Seven Dirty Words <-- Link