DOCSLIB.ORG

The Hard Case of Broadcast Indecency, 20 N.Y.U

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Hard Case of Broadcast Indecency, 20 N.Y.U University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 1993 The aH rd Case of Broadcast Indecency Lili Levi University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Communications Law Commons Recommended Citation Lili Levi, The Hard Case of Broadcast Indecency, 20 N.Y.U. Rev. L. & Soc. Change 49 (1993). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. THE HARD CASE OF BROADCAST INDECENCY LILI LEVI* Introduction ........................................................ 50 I. The Underlying Dilemma: The Ambiguous Social Meaning of Broadcast Sex Talk ............................................. 57 A. On the Liberating Character of Sexualized Discourse ........ 59 1. Sex Talk as a Challenge to Power: Subversion; Sexual Liberation; Communication ............................. 60 2. Sex Talk as Impermissibly Corrupting ................... 64 3. An Alternative Account ................................. 65 a. Sexuality and the Mainstream ........................ 65 b. The Underside of Humor ............................ 68 c. Sex Talk and Misogyny .............................. 69 B. On Sex Talk, Diversity, and Cultural Pluralism .............. 70 1. Censorship and Governmental "Ethnocentric Myopia" ... 70 a. The Multivalent Character of Sex Talk ............... 72 b. The Exclusion of Blues, Rap, and Punk .............. 75 c. The Social Benefits of Diversity ...................... 80 2. The Conservative Challenge to Diversity and Multi- Culturalism ............................................. 81 3. An Alternative Account ................................. 81 II. The FCC's Troubled Regulation of Broadcast Indecency ......... 85 A. The FCC's Approaches to Regulation ....................... 86 1. The Pre-1987 Standard .................................. 86 2. The Post-1987 Standard ................................. 91 3. The Influence of Interest Groups ........................ 97 4. Application of the New Standard ........................ 101 B. Questioning the FCC's Indecency Standard .................. 112 1. The Commission's "Definition" of Context ............... 113 2. The Implicit Tilt in the FCC's Contextual Factors ....... 119 a. The Acontextuality of the Analytic Vantage Point .... 122 b. The FCC's Narrow Lens ............................ 126 * Associate Professor of Law, University of Miami School of Law. A.B., 1977, Bryn Mawr College; J.D., 1981, Harvard Law School. I owe many thanks for insightful comments on previous drafts to Mary Coombs, Steve Diamond, Marc Fajer, Michael Fischl, Mickey Graham, Pat Gudridge, Betty Hayter, Lisa Iglesias, Jim Kainen, George Mundstock, Marilys Nepomechie, Bernie Oxman, Jeremy Paul, Peggy Radin, Steve Schnably, Allen Shaklan, Katie Sowle, Irwin Stotzky, Kathleen Sullivan, Alan Swan, Larry Tribe, William Twining, Rick Williamson, and Steve Winter. I am also grateful to Mitchell Bard, Lee LeBlanc, Paul Petmzzi, and Scott Rembold for excellent re- search assistance and, especially, to Wendy March, Todd Tedesco, Doris Vigo, and Tom Davis for labors far beyond ordinary expectations. Kim Hawkins and Jody Rosen Knower also de- serve thanks for their editorial input. 49 Imaged with the Permission of N.Y.U. Review of Law and Social Change REVIEW OF LAW & SOCIAL CHANGE [Vol. XX:49 c. The Elusive Manner/Subject Distinction .............. 127 d. The Uncertain Place of Merit ........................ 131 e. The "Chilling Effect" and the Irrelevance of Repentance .......................................... 135 III. The Limits of the Existing Doctrinal Vocabulary ................ 138 A. The Indefiniteness of Current Constitutional Argument in Resolving the Dispute ...................................... 138 1. Pacifica and Sable ...................................... 139 2. Vagueness and Overbreadth ............................. 141 3. The Hate Speech Analogy ............................... 151 B. The Uncertainties of Administrative Law .................... 157 1. The Asserted Lack of Reasoned Analysis ................ 157 2. Procedural Defects ...................................... 168 C. Toward a Regrounding for Constitutional and Administrative Approaches ................................................ 170 Conclusion .......................................................... 174 INTRODUCTION In 1951, a television station in Houston caused a public outcry when it planned to air a bedding commercial showing a husband and wife in a double bed.' Radio broadcasts of rock music during the 1950s led to such outrage that the Everly Brothers' Wake Up, Little Susie was banned in Boston.2 The phrase "let it all hang out" raised eyebrows at the Federal Communications Commission (FCC) during the 1960s and led to the dismissal of the South Carolina disc jockey who uttered it on the air.3 In 1967, the Ed Sullivan Show required the Rolling Stones to perform Let's Spend the Night Together as Let's Spend Some Time Together.' And, in the early 1970s, the FCC succeeded in eliminating a popular radio call-in format, known as "topless radio" for its attention to sexual themes, by the simple expedient of having the agency's chairman publicly denounce it as "a new breed of air pollution." 5 1. J. FRED MACDONALD, ONE NATION UNDER TELEVISION: THE RISE AND DECLINE OF NETWORK TV 105 (1990). 2. LINDA MARTIN & KERRY SEGRAVE, ANTI-RoCK: THE OPPOSITION TO ROCK 'N' ROLL 22 (1988). 3. LUCAS A. POWE, JR., AMERICAN BROADCASTING AND THE FIRST AMENDMENT 167 (1987); see Palmetto Broadcasting Co., 33 F.C.C. 250 (1962), aff'd sub nom. Robinson v. FCC, 334 F.2d 534 (D.C. Cir.), cert. denied, 379 U.S. 843 (1964). 4. PETER FORNATALE & JOSHUA E. MILLS, RADIO IN THE TELEVISION AGE 129 (1980). 5. FORNATALE & MILLS, supra note 4, at 84-85 (describing Dean Burch's speech to the National Association of Broadcasters in 1973); Maria T. Regina, Broadcasting Obscene Lan- guage: The Federal Communications Commission and Section 1464 Violations, 1974 ARIZ. ST. L.J. 457, 461-65 (same). Ever susceptible to such "regulation by lifted eyebrow," broadcasters immediately toned down their talk shows and dispensed with the topless radio format. FORNATALE & MILLS, supra note 4, at 84-85; see also infra text accompanying notes 87-90. The origin of the now-famous reference to regulation by lifted or raised eyebrow is often attrib- uted to Commissioner John Doerfer in his dissent in Miami Broadcasting Co. (WQAM), 14 Rad. Reg. 125 (1956). Imaged with the Permission of N.Y.U. Review of Law and Social Change 1992-931 BROADCAST INDECENCY In the decades that followed, social discourse changed remarkably, becoming increasingly liberalized in sexual content. To watch television or listen to the radio today is to immerse oneself in a discourse permeated with references to sex. "Before you dress, Caress," we are instructed by a soap manufacturer, while television soap operas routinely depict couples lying sug- gestively in bed.6 Late-night television is even more salacious, with a plethora of new "relationship" shows whose contestants describe their dates - "He spread his sauce thicker than Chef Boyardee" - and whose hosts muse out loud over which of two men is "most likely to own mink-lined handcuff's[.]" 7 Mainstream pop radio features songs with barely disguised sexual metaphors, celebrating men with "slow hands" and women with "sugar walls." Most strikingly, morning radio personalities ask callers "what makes your favorite hiney parts tingle?," 9 read tips from magazine articles on "how to spice up lovemaking,"10 and describe "marathon spanking session[s]." Il The notorious Howard stem, "shock jock" extraordinaire,12 warns us not to shake Pee Wee Herman's hand (in light of his arrest for masturbating in a public theatre);13 says that "the closest [he] came to making love to a black woman was... masturbat[ing] to a picture of Aunt Jemima;'" 4 and laments that "it's tragic about Magic and this awful thing, why couldn't it have happened to Larry King[?]"' 5 Typical of shock "humor" is the statement that the "best pick-up line at a gay bar" is "[m]ay I push your stool in for you?" 6 Non-commercial broadcasters as well have challenged the limits of traditional discourse. De- spite considerable controversy, some non-commercial broadcasters have ad- dressed sexuality in programs such as Tongues Untied, a documentary on the 6. See, e.g., Michael Logan, Why Soaps Are So Sexy, TV GUIDE, Apr. 4-10, 1992, at 12, 14, 16, 21; Anthony D'Amato, Harmful Speech and the Culture of Indeterminacy, 32 WM. & MARY L. REv. 329, 344-45 (1991). 7. John J. O'Connor, For a Date (Wink) or a Tease (Smirk), Try Late-Night TV, N.Y. TiIMEs, June 30, 1992, at B1. 8. POINTER SISTERS, Slow Hand, on GREATEST HrTS (BMG Music 1989); SHEENA EAS- TON, Sugar Walls, on THE BEsT OF SHEENA EAsToN (EMI-USA 1989). 9. Rusk Corporation, Radio Station KLOL (FM), 5 F.C.C.R. 6332, 6333 (1990) (Stevens and PruettShow). 10. Claudia Puig, Radio in the Raw, L.A. TImiEs, Feb. 9, 1992, Calendar, at 7 (Mark & Brian Show). 11. Id. (Howard Stern Show). 12. For discussions of shock radio and Howard Stem programming in particular, see, e.g., Steve Daley, Radio Raunch." Ratings Greedor FreeSpeech?,
Load more

Recommended publications
  • I Mmmmmmm I I Mmmmmmmmm I M I M I
    PUBLIC DISCLOSURE COPY Return of Private Foundation OMB No. 1545-0052 Form 990-PF I or Section 4947(a)(1) Trust Treated as Private Foundation À¾µ¸ Do not enter social security numbers on this form as it may be made public. Department of the Treasury I Internal Revenue Service Information about Form 990-PF and its separate instructions is at www.irs.gov/form990pf. Open to Public Inspection For calendar year 2014 or tax year beginning , 2014, and ending , 20 Name of foundation A Employer identification number THE WILLIAM & FLORA HEWLETT FOUNDATION 94-1655673 Number and street (or P.O. box number if mail is not delivered to street address) Room/suite B Telephone number (see instructions) (650) 234 -4500 2121 SAND HILL ROAD City or town, state or province, country, and ZIP or foreign postal code m m m m m m m C If exemption application is I pending, check here MENLO PARK, CA 94025 G m m I Check all that apply: Initial return Initial return of a former public charity D 1. Foreign organizations, check here Final return Amended return 2. Foreign organizations meeting the 85% test, checkm here m mand m attach m m m m m I Address change Name change computation H Check type of organization:X Section 501(c)(3) exempt private foundation E If private foundation status was terminatedm I Section 4947(a)(1) nonexempt charitable trust Other taxable private foundation under section 507(b)(1)(A), check here I J X Fair market value of all assets at Accounting method: Cash Accrual F If the foundation is in a 60-month terminationm I end of year (from Part II, col.
    [Show full text]
  • Premiere Props • Hollyw Ood a Uction Extra Vaganza VII • Sep Tember 1 5
    Premiere Props • Hollywood Auction Extravaganza VII • September 15-16, 2012 • Hollywood Live Auctions Welcome to the Hollywood Live Auction Extravaganza weekend. We have assembled a vast collection of incredible movie props and costumes from Hollywood classics to contemporary favorites. From an exclusive Elvis Presley museum collection featured at the Mississippi Music Hall Of Fame, an amazing Harry Potter prop collection featuring Harry Potter’s training broom and Golden Snitch, to a entire Michael Jackson collection featuring his stage worn black shoes, fedoras and personally signed items. Plus costumes and props from Back To The Future, a life size custom Robby The Robot, Jim Carrey’s iconic mask from The Mask, plus hundreds of the most detailed props and costumes from the Underworld franchise! We are very excited to bring you over 1,000 items of some of the most rare and valuable memorabilia to add to your collection. Be sure to see the original WOPR computer from MGM’s War Games, a collection of Star Wars life size figures from Lucas Film and Master Replicas and custom designed costumes from Bette Midler, Kate Winslet, Lily Tomlin, and Billy Joel. If you are new to our live auction events and would like to participate, please register online at HollywoodLiveAuctions.com to watch and bid live. If you would prefer to be a phone bidder and be assisted by one of our staff members, please call us to register at (866) 761-7767. We hope you enjoy the Hollywood Live Auction Extravaganza V II live event and we look forward to seeing you on October 13-14 for Fangoria’s Annual Horror Movie Prop Live Auction.
    [Show full text]
  • Teaching Shakespeare: Text Clues 101
    Teaching Romeo and Juliet Workshop Saturday, October 26, 2019 Instructor: Kevin Long Teaching Shakespeare: Text Clues 101 ...everyone according to his cue. A Midsummer Night’s Dream Definitions Know exactly what you are saying at all times. Use the Lexicons, Shakespeare’s Words, Shakespeare A to Z, Shakespeare’s Bawdy, and footnotes. Anoint two dueling “Lexicon Masters” each day. Make dictionary work COOL! Verse & Prose Shakespeare is about 75% verse (poetic line form) and 25% prose form. The form of writing might indicate a clue as to the type of character you are playing. Prose is sometimes an indication that the character might be of a lower class, comic or mad, while verse might indicate that your character is of higher class, intelligent, clever, etc. Pay particular attention to when a character switches from poetry to prose and visa versa. This is a major clue from Shakespeare. Verse PRINCE And for that offence Immediately we do exile him hence. I have an interest in your hearts’ proceeding: My blood for your rude brawls doth lie a-bleeding; But I’ll amerce you with so strong a fine That you shall all repent the loss of mine. I will be deaf to pleading and excuses, Nor tears nor prayers shall purchase out abuses: Therefore use none. Let Romeo hence in haste, Else, when he is found, that hour is his last. Bear hence this body, and attend our will: Mercy but murders, pardoning those that kill. Romeo and Juliet, Act 3, scene 1 Prose NURSE Well, you have made a simple choice, you know not how to choose a man: Romeo? no, not he; though his face be better than any man’s, yet his leg excels all men’s, and for a hand and a foot and a body, though they be not to be talked on, yet they are past compare.
    [Show full text]
  • Adult Contemporary Radio at the End of the Twentieth Century
    University of Kentucky UKnowledge Theses and Dissertations--Music Music 2019 Gender, Politics, Market Segmentation, and Taste: Adult Contemporary Radio at the End of the Twentieth Century Saesha Senger University of Kentucky, [email protected] Digital Object Identifier: https://doi.org/10.13023/etd.2020.011 Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Senger, Saesha, "Gender, Politics, Market Segmentation, and Taste: Adult Contemporary Radio at the End of the Twentieth Century" (2019). Theses and Dissertations--Music. 150. https://uknowledge.uky.edu/music_etds/150 This Doctoral Dissertation is brought to you for free and open access by the Music at UKnowledge. It has been accepted for inclusion in Theses and Dissertations--Music by an authorized administrator of UKnowledge. For more information, please contact [email protected]. STUDENT AGREEMENT: I represent that my thesis or dissertation and abstract are my original work. Proper attribution has been given to all outside sources. I understand that I am solely responsible for obtaining any needed copyright permissions. I have obtained needed written permission statement(s) from the owner(s) of each third-party copyrighted matter to be included in my work, allowing electronic distribution (if such use is not permitted by the fair use doctrine) which will be submitted to UKnowledge as Additional File. I hereby grant to The University of Kentucky and its agents the irrevocable, non-exclusive, and royalty-free license to archive and make accessible my work in whole or in part in all forms of media, now or hereafter known.
    [Show full text]
  • The FCC's Recent Enforcement of Obscenity Laws
    Fordham Intellectual Property, Media and Entertainment Law Journal Volume 15 Volume XV Number 4 Volume XV Book 4 Article 3 2005 PANEL III: Indecent Exposure? The FCC's Recent Enforcement of Obscenity Laws William Davenport Federal Communications Commission Jeffrey Hoeh NBC C. Edwin Baker University of Pennsylvania Law School Paul J. McGeady Morality in Media, Inc. Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation William Davenport, Jeffrey Hoeh, C. Edwin Baker, and Paul J. McGeady, PANEL III: Indecent Exposure? The FCC's Recent Enforcement of Obscenity Laws, 15 Fordham Intell. Prop. Media & Ent. L.J. 1087 (2005). Available at: https://ir.lawnet.fordham.edu/iplj/vol15/iss4/3 This Transcript is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. PANEL 3 11/21/2005 1:10 PM PANEL III: Indecent Exposure? The FCC’s Recent Enforcement of Obscenity Laws Moderator: Abner Greene∗ Panelists: William Davenport† Jeffrey Hoeh‡ C. Edwin Baker§ Paul J. McGeady|| John Fiorini, III# MR. SPARKLER: Good afternoon and welcome back to our final panel, “Indecent Exposure? The FCC’s Recent Enforcement of Obscenity Laws.” Before we get started, I wanted to thank the staff and Editorial Board of the Journal for making this year’s Symposium such a success.
    [Show full text]
  • And More Comfortably Through the Real World
    ENCOUNTER 02 / 2016 The Audi Technology Magazine Technology Audi The The Audi Technology Magazine Cyberway in 3D The HERE map database moves cars even more safely and more comfortably through the real world. 02 / 2016 AND NOW Quba Libre → Page 14 Modern Talking → Page 24 Time of My Drive → Page 32 Electric Avenue → Page 50 Widespread Effect → Page 60 HERE and Now → Page 64 The Perfect Wave → Page 72 Fully Tensed → Page 82 SIMple → Page 90 Tech News → Page 92 Mission to the Moon → Page 100 ENCOUNTER Needle in the Red → Page 116 Hands On → Page 128 Flight Club → Page 134 ENCOUNTER 02 / 2016 The Audi Technology Magazine Encounter online – The magazine on the web Experience the topics and videos from this edition of Encounter online, the Audi Communications website. There are also plenty of other stories from the fields of technology, brand and environment. Thanks to responsive web design, Encounter online runs on all devices, regardless of the technology platform. audi-encounter.com Encounter – The magazine subscription Serveral times a year, Encounter presents fascinating stories from Audi’s world of technology. You can subscribe to Encounter Magazine – completely free-of-charge and with no obligation. Simply send an e-mail with your address to: [email protected] EDITORIAL Dear reader, In the age of globalization and digitalization, the auto- On the pages that follow, you can read motive industry is facing a seismic shift. As a premium about the innovations with which we are turning our manufacturer, we have the corporate and social respon- automobiles into “best companions” for their users.
    [Show full text]
  • Dmupride a SERIES of CULTURAL EVENTS to CELEBRATE LGBTQ HISTORY MONTH FEBRUARY 2019
    #DMUpride A SERIES OF CULTURAL EVENTS TO CELEBRATE LGBTQ HISTORY MONTH FEBRUARY 2019 1 #DMUpride: Month to view Date Event Time Venue Page 04/02/2019 #DMUpride Launch 12-2pm Campus Centre 2 #DMUpride at Phoenix - Love, Simon 6.15pm Phoenix Cinema 2 04/02/2019 - DMUactive Various Various 2 3/03/2019 Daily interactive sports and recreation sessions 06/02/2019 Kimberlin Library: We Were Here 3-5pm Kimberlin Library, 0.07B 3 Over the Rainbow? The lives of midlife and older lesbians 6-8pm Hugh Aston Building, 0.08 3 and gay men 07/02/2019 #DMUreads 1-2pm Portland Building, 0.17 3 11/02/2019 Kimberlin Library: The Life and Times of Harvey Milk 5.30-7.30pm Kimberlin Library, 00.11 4 12/02/2019 The queer history of the Eurovision Song Contest 6-7pm Hugh Aston Building, 2.06 4 13/02/2019 Rethinking Identity - Performing portraits a practical 1-3pm Clephan Building, 0.17 5 explorative workshop 18/02/2019 Kimberlin Library: Secret Diaries of Miss Anne Lister 5.30-7.30pm Kimberlin Library, 00.11 6 Chemsex among gay men 6-8.20pm Leicester Castle 6 Business School Curve theatre and DMU present: Rubber Ring 7pm Curve 7 NOW IN ITS FIFTH YEAR, DE MONTFORT UNIVERSITY LEICESTER (DMU) 19/02/2019 Pride Café 12-1pm The Breathing Space, 7 Portland Building PRESENTS #DMUPRIDE, AN EXCITING PROGRAMME CELEBRATING LGBTQ "Greater Love" - The poems of Wilfred Owen 7pm Curve, café 8 HISTORY MONTH. THROUGHOUT FEBRUARY, OUR SERIES OF EVENTS WILL 20/02/2019 'Kimberlin Library: Boys don’t cry 2-4pm Kimberlin Library, 00.11 8 EXPLORE THEMES OF PEACE, RECONCILIATION AND ACTIVISM.
    [Show full text]
  • Listening Patterns – 2 About the Study Creating the Format Groups
    SSRRGG PPuubblliicc RRaaddiioo PPrrooffiillee TThhee PPuubblliicc RRaaddiioo FFoorrmmaatt SSttuuddyy LLiisstteenniinngg PPaatttteerrnnss AA SSiixx--YYeeaarr AAnnaallyyssiiss ooff PPeerrffoorrmmaannccee aanndd CChhaannggee BByy SSttaattiioonn FFoorrmmaatt By Thomas J. Thomas and Theresa R. Clifford December 2005 STATION RESOURCE GROUP 6935 Laurel Avenue Takoma Park, MD 20912 301.270.2617 www.srg.org TThhee PPuubblliicc RRaaddiioo FFoorrmmaatt SSttuuddyy:: LLiisstteenniinngg PPaatttteerrnnss Each week the 393 public radio organizations supported by the Corporation for Public Broadcasting reach some 27 million listeners. Most analyses of public radio listening examine the performance of individual stations within this large mix, the contributions of specific national programs, or aggregate numbers for the system as a whole. This report takes a different approach. Through an extensive, multi-year study of 228 stations that generate about 80% of public radio’s audience, we review patterns of listening to groups of stations categorized by the formats that they present. We find that stations that pursue different format strategies – news, classical, jazz, AAA, and the principal combinations of these – have experienced significantly different patterns of audience growth in recent years and important differences in key audience behaviors such as loyalty and time spent listening. This quantitative study complements qualitative research that the Station Resource Group, in partnership with Public Radio Program Directors, and others have pursued on the values and benefits listeners perceive in different formats and format combinations. Key findings of The Public Radio Format Study include: • In a time of relentless news cycles and a near abandonment of news by many commercial stations, public radio’s news and information stations have seen a 55% increase in their average audience from Spring 1999 to Fall 2004.
    [Show full text]
  • The Rise of Talk Radio and Its Impact on Politics and Public Policy
    Mount Rushmore: The Rise of Talk Radio and Its Impact on Politics and Public Policy Brian Asher Rosenwald Wynnewood, PA Master of Arts, University of Virginia, 2009 Bachelor of Arts, University of Pennsylvania, 2006 A Dissertation presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Department of History University of Virginia August, 2015 !1 © Copyright 2015 by Brian Asher Rosenwald All Rights Reserved August 2015 !2 Acknowledgements I am deeply indebted to the many people without whom this project would not have been possible. First, a huge thank you to the more than two hundred and twenty five people from the radio and political worlds who graciously took time from their busy schedules to answer my questions. Some of them put up with repeated follow ups and nagging emails as I tried to develop an understanding of the business and its political implications. They allowed me to keep most things on the record, and provided me with an understanding that simply would not have been possible without their participation. When I began this project, I never imagined that I would interview anywhere near this many people, but now, almost five years later, I cannot imagine the project without the information gleaned from these invaluable interviews. I have been fortunate enough to receive fellowships from the Fox Leadership Program at the University of Pennsylvania and the Corcoran Department of History at the University of Virginia, which made it far easier to complete this dissertation. I am grateful to be a part of the Fox family, both because of the great work that the program does, but also because of the terrific people who work at Fox.
    [Show full text]
  • KEEPING IT LEGAL a Guide for WV Broadcasters
    KEEPING IT LEGAL A Guide for WV Broadcasters Published by: COLORADO INDIANA KENTUCKY OHIO PENNSYLVANIA WASHINGTON, D.C. WEST VIRGINIA This is an advertsiement. www.jacksonkelly.com TABLE OF CONTENTS TABLE OF CONTENTS i INTRODUCTION 1 ADVERTISING 3 ADVERTISING OF ALCOHOLIC BEVERAGES 3 What was the effect of Liquormart, Inc. v. Rhode Island? .......................................................3 ADVERTISING OF LOTTERIES 5 What is a lottery? 5 How can the “lottery” designation be avoided? .......................................................................6 Is there an exception for charitable lotteries? ...........................................................................7 Are “snow ads” acceptable forms of advertising? ....................................................................7 Can you advertise lottery games which have been made legal by West Virginia state statute? ..................................................................................................................................................7 ADVERTISING OF TOBACCO 9 May television or radio stations advertise stores that specialize in the sale of tobacco products?...................................................................................................................................9 What may television and radio stations advertise? .................................................................10 What about advertisements for vaping? .................................................................................10 ADVERTISING MEDICAL
    [Show full text]
  • It Keeps Happening
    Los Angeles Times Magazine Cover Story Don’t Do Therapy Dr. Laura Schlessinger, the Country’s Top Female Radio Personality, Calls Herself a Prophet. What She Frequently Calls Others is an Entirely Different Matter. By Janet Wiscombe It keeps happening. Callers share intimate details of their lives with Dr. Laura Schlessinger, and she is moved to tears. She tells ABC's "20/20" about growing up in a house with angry parents, and she cries. She is interviewed for a U.S. News & World Report cover story, and she sobs. She appears on "Oprah" and is overwhelmed with emotion after a young dad fesses up that he's been more concerned about bringing home the bacon than being with his kids. On this day, the country's premier female radio star is seated on a wrought iron chair on the patio of the three-story dream home that she bought a year and a half ago in an exclusive, horsy San Fernando Valley enclave. And it's happening again. Dr. Laura is recalling a summer teaching job three decades ago at a school for the handicapped in New York, and the tears are so persistent that her attendant media consultant discreetly disappears into the house for Kleenex. In those days, she had no values and no God. She was a basket case trying to cope with children who "would be dead by the end of summer." Then one day, she met a paraplegic black man in his 40s who was intently bending wires on resistors--extremely exacting, repetitive work. "How can you do a job that's so boring?" she remembers blurting out unthinkingly.
    [Show full text]
  • New Solar Research Yukon's CKRW Is 50 Uganda
    December 2019 Volume 65 No. 7 . New solar research . Yukon’s CKRW is 50 . Uganda: African monitor . Cape Greco goes silent . Radio art sells for $52m . Overseas Russian radio . Oban, Sheigra DXpeditions Hon. President* Bernard Brown, 130 Ashland Road West, Sutton-in-Ashfield, Notts. NG17 2HS Secretary* Herman Boel, Papeveld 3, B-9320 Erembodegem (Aalst), Vlaanderen (Belgium) +32-476-524258 [email protected] Treasurer* Martin Hall, Glackin, 199 Clashmore, Lochinver, Lairg, Sutherland IV27 4JQ 01571-855360 [email protected] MWN General Steve Whitt, Landsvale, High Catton, Yorkshire YO41 1EH Editor* 01759-373704 [email protected] (editorial & stop press news) Membership Paul Crankshaw, 3 North Neuk, Troon, Ayrshire KA10 6TT Secretary 01292-316008 [email protected] (all changes of name or address) MWN Despatch Peter Wells, 9 Hadlow Way, Lancing, Sussex BN15 9DE 01903 851517 [email protected] (printing/ despatch enquiries) Publisher VACANCY [email protected] (all orders for club publications & CDs) MWN Contributing Editors (* = MWC Officer; all addresses are UK unless indicated) DX Loggings Martin Hall, Glackin, 199 Clashmore, Lochinver, Lairg, Sutherland IV27 4JQ 01571-855360 [email protected] Mailbag Herman Boel, Papeveld 3, B-9320 Erembodegem (Aalst), Vlaanderen (Belgium) +32-476-524258 [email protected] Home Front John Williams, 100 Gravel Lane, Hemel Hempstead, Herts HP1 1SB 01442-408567 [email protected] Eurolog John Williams, 100 Gravel Lane, Hemel Hempstead, Herts HP1 1SB World News Ton Timmerman, H. Heijermanspln 10, 2024 JJ Haarlem, The Netherlands [email protected] Beacons/Utility Desk VACANCY [email protected] Central American Tore Larsson, Frejagatan 14A, SE-521 43 Falköping, Sweden Desk +-46-515-13702 fax: 00-46-515-723519 [email protected] S.
    [Show full text]