Legal Definitions - indecency

Indecency describes content or conduct that is considered outrageously offensive, often involving vulgar or sexual themes. A key legal distinction is that, unlike obscenity, indecent material or speech generally receives protection under the First Amendment of the U.S. Constitution. However, this protection is not absolute, and indecent content may still be subject to government regulation, particularly in contexts like broadcast television and radio, where it can be restricted to certain hours to protect children.

Here are some examples illustrating the concept of indecency:

• Example 1: During a live, nationally televised awards ceremony broadcast in prime time, a performer uses a string of explicit profanity and makes highly suggestive sexual gestures. The broadcast is accessible to a general audience, including children.

  Explanation: This conduct would likely be deemed indecent because it is outrageously offensive due to its vulgarity and sexual suggestiveness, especially given the broad public audience and time of day. While it might not meet the very strict legal definition of obscenity (which requires a more extreme standard of appealing to prurient interest and lacking serious value), the Federal Communications Commission (FCC) could still fine the broadcasting network for airing indecent material.

• Example 2: A person, visibly intoxicated, publicly urinates on the steps of a courthouse in the middle of a busy workday, in full view of passersby.

  Explanation: This act, while not sexual in the sense of explicit sexual conduct, is considered indecent because it is outrageously disgusting and offensive to public sensibilities and standards of decorum. It fits the broader understanding of indecency as conduct that is grossly offensive and inappropriate for public display, leading to potential charges under public indecency or disorderly conduct laws.

• Example 3: A radio shock jock hosts a morning show where he frequently discusses graphic sexual acts in a crude and vulgar manner, using explicit language, during hours when children are likely to be listening on their way to school.

  Explanation: The content of this radio show would likely be considered indecent due to its outrageously offensive and vulgar sexual themes, particularly because it is broadcast during times when children are a significant part of the audience. While the speech might be protected by the First Amendment if it were not broadcast, the FCC has the authority to regulate such content on broadcast radio to protect minors, potentially leading to fines or other penalties for the station.