*Pages 1--2 from Microsoft Word - 19288.doc* NEWS News media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202/ 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). FOR IMMEDIATE RELEASE Contact: Susanna Zwerling June 28, 2002 (202) 418- 2000 STATEMENT OF COMMISSIONER MICHAEL J. COPPS ON ENFORCEMENT BUREAU DISMISSAL OF COMPLAINTS REGARDING BROADCAST OF “PHILLY” By the attached letter and other similar letters, the Enforcement Bureau today dismissed a number of complaints against stations carrying the program “Philly” on March 12, 2002, between 9: 00 and 10: 00 pm, within the period during which indecent material may not by law be broadcast. The complainants called the Commission’s attention to a particular comment made during the program, a comment that I believe pushes the limits of decency on broadcast television. The Bureau seems to argue that almost any word is permissible as long as it is not used in a very specific or particular context. I disagree – some terms are in themselves indecent. Not so many years ago, the Commission thought so too. I have said before that we seem to be in a broadcast and cable race to the bottom. I am beginning to wonder if there even is a bottom. -FCC- 1 2 FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau, Investigations and Hearings Division 445 12 th Street, S. W., Room 3- B443 Washington, D. C. 20554 June 28, 2002 In Reply Refer to: EB- 02- IH- 0243/ RBP Station ID # 72119 This letter denies your complaint against television Station WGNO( TV), New Orleans, Louisiana, for airing allegedly indecent material on March 12, 2002, between 9: 00 p. m. and 10: 00 p. m. during the program “Philly.” Specifically, you complain about a comment yelled by the district attorney “There’s no way I’m gonna stand up in open court with my dick in my hand while your [client] walks out the door!” First, it is important to note that any consideration of government action against allegedly indecent programming must take account of the fact that such speech is protected under the First Amendment. The Commission defines indecent speech as language that, 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. In making indecency determinations we consider the graphic nature or explicitness of the material, whether there is a repetitive or persistent focus on sexual or excretory material and whether the material is pandering or titillating or has shock value. The use of specific words, although offensive, is not in and of itself indecent. Applying these principles, we cannot conclude, based on the information you provided, that this material is indecent. The language of which you complain may be offensive, but it does not describe sexual or excretory organs or activities in explicit or graphic terms such that it would fall within the definition of indecency. Further, we have previously found that fleeting and isolated remarks of this nature do not warrant Commission sanction. See, e. g., L. M. Communications of South Carolina, Inc. (WYBB (FM), 7 FCC Rcd 1595 (MMB, 1992)). While we understand that you are offended by the programming described, it does not appear that we have any basis for action at this time. As a result, we are denying your complaint. We appreciate and recognize your concern. One of the most effective means to affect programming is to contact station management to express your opinion. We include an information sheet that discusses the law with respect to indecent and obscene broadcasts and our enforcement procedures. Your interest in writing is appreciated. Sincerely, Charles W. Kelley Chief, Investigations and Hearings Division Enforcement Bureau Enclosure 2