I could also make the point that there are quite a few activities that will land one in the hoosegow but which are NOT evil or harmful to others in any direct sense.
I guess the question becomes, "Is sacrificing that bit of Liberty justified by the protection offered?" In the case of "risque' radio", I believe the answer is no.
I also believe that this course we seem to be on is frought with unintended consequences. Whilst stationed in Jacksonville, I thouroughly enjoyed listening to Bubba The Love Sponge. Despite the slings and arrows that particular gentleman has taken alongside Stern, it is little reported indeed that he was a conservative, progun Bush supporter. Leftists who called his show were regularly pilloried in a fashion that only a "shock jock" could do. So too were Hollywood Leftists and celebrity degenerates of all stripes. Wrapped in language and humor for the hard-working, hard-playing person, with some sex stuff for the spice, the conservative message got out to many who did not normally think of such things.
I DO believe that it is not that far a jump from "shock jocks" to "hate radio". We have opened a door here that the first Leftist in the Oval Office in the future will be only too happy to jump through.