Often times speech will not rise to the level of “obscene”, but will be considered “indecent.” (For example, it could be considered obscene as to minors.) When public broadcasting is concerned, there are certain regulations that the state can place on this speech. I also advocate examining these regulations based upon a commons model, allowing the government to regulate indecency only when the medium technologically requires the government to establish licenses for using the medium.

Young v. American Mini Theatres, Inc. (SCOTUS, 1976)
FCC v. Pacifica Foundation (SCOTUS, 1978)
Sable Communication of CA, Inc v. FCC (SCOTUS, 1989)

 
icon for podpress  Standard Podcast [20:34m]: Play Now | Play in Popup | Download

 
icon for podpress  Ira Krakow's "Can a Radio Station Play a George Carlin Monologue Whenever It Wants?" [4:43m]: Play Now | Play in Popup | Download