KISS and Q92 - friends?
KISS let someone from Q92 go their station for their Nick Lachey "Listener Lunch?" Awfully nice of them if so.
> > Am I in the wrong here?
> > It appears that on the morning show yesterday, there was a
>
> > contest run and someone got to go see Nick LaShe in
> > Cleveland. One part of the contest involved callers
> asking
> > contestants different questions. One asked a young woman
> > what her favorite sexual position was. (FCC flag here?)
> > The woman said she doesn't have one because she's a
> virgin.
> > Nice save! My question is, what would've happened if she
> > had said something different?
>
> First, it's Nick Lachey. And once I heard about his divorce
> decree asking for alimony, as well as a cut of Jessica
> Simpson's income from her recent work, I have found new
> praise for the man. He's a genius.
>
> Second, the FCC matter.
>
> You ask what would happen if she said something different.
>
> An AM drive show is outside of the safe harbor hours,
> defined as 10pm to 6am. Because of that, the content of the
> show may be regulated for indecent or obscene speech (the
> former is constitutionally protected, but may be restricted
> or channelled to certain times--see Pacifica v. FCC (1978),
> see also Action for Children's Television v. FCC (D.C. Cir.
> 1993); the latter is not constitutionally protected, and may
> be regulated as much as the Commission wishes--see Pacifica;
> 18 USC 1464).
>
> Now, the key test is to look at the statements in context,
> and whether they discuss or depict sexual or excretory
> organs or functions in a patently offensive manner, as
> defined by the contemporary community standards (for
> broadcast radio and television, it is a national community,
> versus your local dirty bookstore, which is judged by the
> local community).
>
> The mere dicussion of sex is not indecent, and discussion of
> sexual positions is probably not indecent in this context.
> Had they gone into more detail--i.e., descriptions of
> feeling, action, description of organs, and other
> descriptions of the coital activity--those details may have
> been patently offensive, and thus subject the station to
> liability.
>
> However, this is all premised on the Commission receiving a
> complaint, describing the show, the content, the context,
> date, hosts, etc. A tape or other reproduction of the
> complaint is normally required as well, but not always. The
> FCC would then have to decide to investigate the indecent
> broadcast.
>
> Unless the FCC gets a complaint, nothing happens.
>
