So I’m assuming that Sinclair will be demanding that Tucker apologize and donate and that the FCC will be threatening to cancel his podcast.

  • kryptonianCodeMonkey@lemmy.world
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    18 hours ago

    It does. That is one of the very limit content regulatory powers it has over cable tv. “Obsenity” is a very high bar, though, and is, itself, not protected speech under the 1st Amendment at all.

    To be considered obscene, it must meet a three-pronged test from the Supreme Court:

    1. It appeals to the prurient interest.
    2. It depicts or describes sexual or excretory conduct in a “patently offensive” way.
    3. Taken as a whole, it lacks serious literary, artistic, political, or scientific value.

    Basically Brian Kilmeade can’t show his gaping asshole taking a dump on Fix & Friends. But he can casually suggest euthanizing the homeless population and it’s out of the FCC’s hand.