Originally Posted by The FCC (paraphrased)
Obscene Broadcasts Are Prohibited at All Times
* Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. To be obscene, material must meet a three-prong 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 broadcast standards for the broadcast medium, sexual or excretory organs or activities." Indecent programming contains patently offensive sexual or excretory references that do not rise to the level of obscenity. As such, 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 statute and federal court decisions interpreting the indecency statute, the Commission adopted a rule pursuant to which 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 subject to indecency enforcement action.