homestead AT lists.ibiblio.org

Subject: Homestead mailing list

List archive

[Homestead] Language: Constitution, dictionary or five guys' opinion?

From: Gene GeRue <genegerue AT ruralize.com>
To: Homestead <homestead AT lists.ibiblio.org>
Subject: [Homestead] Language: Constitution, dictionary or five guys' opinion?
Date: Fri, 7 Nov 2008 08:18:21 -0700

The Supreme Court is deciding whether the F-word and the S-word may be used sparingly on public communication channels. At issue is whether the FCC has effected a rule that is too strong. I note that in the following article there is not one reference to the Constitution or the First Amendment in any quote attributed to a justice. As many of us have noted, the Supreme Court is no more supreme than lower courts in refraining from legislating from the bench.

I am not in favor of coarsening our language. But it seems to me that parents should control what language their children are exposed to, not the government. Advertisers have a right to spend their money where they choose. Media publishers should have a right to communicate as they choose. Viewers and listeners should have the right to make the final decision: what they and their children will attend. Not the government.

And since when has the F-word been associated with excretory activity?

Supreme Court Debates 'F-word' Without Using It
by Michael Doyle
WASHINGTON - A clearly divided Supreme Court on Tuesday debated indecent language for an hour without anyone using the words in question.

Circumlocutions like "the F-word" and "the S-word" sufficed as the court considered the year's highest-profile free-speech controversy. All signs now point to a tight decision over whether broadcasters can be fined for allowing use of so-called "fleeting expletives," which are swear words used in passing.

The court's conservative justices showed sympathy for the Federal Communications Commission members who want to punish broadcasters. Associate Justice Antonin Scalia denounced the "coarsening" effect of swearing, while Chief Justice John Roberts warned about "impressionable children" being harmed by inherently dirty words.

"Why do you think the F-word has shocking value?" Robert asked rhetorically. "It's because it's associated with sexual or excretory activity; that's what gives it its force."

Added Scalia, "that's what gives it its' zing."

But other justices sounded more willing to tolerate the occasional swear word, with Associate Justice John Paul Stevens, a Navy veteran, noting that sometimes "you can't help but laugh" at how a swear word is deployed. More pointedly, some justices suggested the FCC's stern new swear words policy came about arbitrarily.

"There seems to be no rhyme or reason with some of the changes the commission has made," Associate Justice Ruth Bader Ginsburg said.

The dispute in the case called FCC v. Fox Television Stations centers on two questions. The broader one is whether regulators violate First Amendment free speech rights by fining broadcasters for an occasional swear word. The other question is narrower, and it might be the only one the court actually decides: whether the FCC acted "arbitrarily and capriciously" in changing its policy about indecent language in 2004.

"It was, at a minimum, a rational policy choice," Solicitor General Gregory Garre insisted.

Loosening indecency standards, Garre warned ominously, could lead to "Big Bird dropping the F-bomb on Sesame Street."

Attorney Carter Phillips, representing Fox Television Stations, retorted that "there was no explanation" for the FCC's policy change.

The policy change in question arose following a live 2003 broadcast of the "Golden Globe Awards," when the lead singer Bono from the Irish rock ban U-2 declared his award was "really, really, (blank)ing brilliant." During the 2003 Billboard Music Award, quasi-celebrity Nicole Richie declared "it's not so (blank)ing simple" to remove "cow (blank) out of a Prada purse."

And during the 2002 Billboard Music Awards, Cher celebrated by denouncing her myriad doubters.

"I've also had critics for the last 40 years saying that I was on my way out every year. Right." the Fresno High School dropout originally known as Cherilyn Sarkisian said. "So (blank) 'em. I still have a job and they don't."

FCC career staffers initially considered such language the kind of passing expletive, drained of sexual content, that's been grudgingly accepted for the past three decades. This reasoning dates back to a mid-1970s Supreme Court decision, involving comedian George Carlin, in which the court determined that "isolated use of a potentially offensive word" differs from the "verbal shock treatment" of profane repetition

The politically appointed FCC, then reversed the staff decision and declared that even a fleeting reference to what the commission called "the F-word" could be deemed unacceptable. The fines for broadcasters could potentially reach as high as $325,000.

"It's one of the most vulgar, graphic and explicit words for sexual activity," Garre told the Court.

Countered Stevens, "that's a word that is often used with no reference to sexual connotations."

A court decision is expected by next June.

http://www.commondreams.org/headline/2008/11/06-3

From erthnsky AT bellsouth.net Fri Nov 7 10:25:47 2008

id 7C8B64C018; Fri, 7 Nov 2008 10:25:47 -0500 (EST)
X-Spam-Checker-Version: SpamAssassin 3.2.3 (2007-08-08) on malecky
X-Spam-Level: X-Spam-Status: No, score=0.0 required=5.0 tests=none autolearn=disabled
version=3.2.3
Received: from fmailhost01.isp.att.net (fmailhost01.isp.att.net
[207.115.11.51])
by lists.ibiblio.org (Postfix) with ESMTP id B72DE4C014
for <homestead AT lists.ibiblio.org>; Fri, 7 Nov 2008 10:25:39 -0500
(EST)
Received: from [216.78.38.203]
(host-216-78-38-203.asm.bellsouth.net[216.78.38.203])
by isp.att.net (frfwmhc01) with ESMTP
id <20081107152537H0100ohk1ve>; Fri, 7 Nov 2008 15:25:37 +0000
X-Originating-IP: [216.78.38.203]
Message-ID: <49145DEE.70500 AT bellsouth.net>
Date: Fri, 07 Nov 2008 10:25:34 -0500
From: EarthNSky <erthnsky AT bellsouth.net>
Organization: EarthNSky Farm
User-Agent: Thunderbird 2.0.0.17 (Windows/20080914)
MIME-Version: 1.0
To: homestead AT lists.ibiblio.org
References: <be8.3fa67a97.3645b472 AT aol.com>
In-Reply-To: <be8.3fa67a97.3645b472 AT aol.com>
Content-Type: text/plain; charset=windows-1252; format=flowed
Content-Transfer-Encoding: 8bit
Subject: Re: [Homestead] What we know about a candidate
X-BeenThere: homestead AT lists.ibiblio.org
X-Mailman-Version: 2.1.9
Precedence: list
Reply-To: homestead AT lists.ibiblio.org
List-Id: <homestead.lists.ibiblio.org>
List-Unsubscribe: <http://lists.ibiblio.org/mailman/listinfo/homestead>,
<mailto:homestead-request AT lists.ibiblio.org?subject=unsubscribe>
List-Archive: <https://lists.ibiblio.org/sympa/arc/homestead>
List-Post: <mailto:homestead AT lists.ibiblio.org>
List-Help: <mailto:sympa AT lists.ibiblio.org?subject=HELP>
List-Subscribe: <http://lists.ibiblio.org/mailman/listinfo/homestead>,
<mailto:homestead-request AT lists.ibiblio.org?subject=subscribe>
X-List-Received-Date: Fri, 07 Nov 2008 15:25:47 -0000

What I originally heard-and I don't remember where, sorry, was that in a
conversation about South Africa, she got confused and did not realize
that South Africa was a country in Africa, not just southern Africa..
Who knows what really happened, in a knife fight things always get
twisted, but she is only a few years younger than me, and I attended
rallies against Apartheid in college...surely, surely, even if she did
not rally against it, surely she knew what it was and where it was
happening? Maybe not, though. Half of college kids today can't tell
you where Zimbabwe is, either. Probably though, I'm thinking it was a
Blonde/Barbie moment, like her "I can see Russia" comment. And you know,
I can't think of a politician who hasn't made such flub. It just doesn't look good for the newbie, but she is tough enough to handle it...she went into labor on a plane, baby came out sideways...lol...;)

Bev

DSanner106 AT aol.com wrote:

Fox is reporting the story already covered by the other networks.
Their take on it is that either it is another false report, or that
her comment was a slip much like Obamas assertion that there are 57
states. That or they both need a geography lesson.

Drew

In a message dated 11/6/2008 8:36:25 P.M. Eastern Standard Time, lynnw1366 AT hotmail.com writes:

I saw that video earlier...wow...Fox and the Republicans are really
trying to sink Palin. You'd think if they wanted her to participate
in the party in

the future, they wouldn't be saying things like that about her.

Lynn Wigglesworth

**************AOL Search: Your one stop for directions, recipes and
all other Holiday needs. Search Now. (http://pr.atwola.com/promoclk/100000075x1212792382x1200798498/aol?redir=http://searchblog.aol.com/2008/11/04/happy-holidays-from
-aol-search/?ncid=emlcntussear00000001) _______________________________________________ Homestead list and
subscription: http://lists.ibiblio.org/mailman/listinfo/homestead Change your homestead list member options: http://lists.ibiblio.org/mailman/options/homestead/erthnsky%40bellsouth.net
View the archives at: https://lists.ibiblio.org/sympa/arc/homestead

------------------------------------------------------------------------

No virus found in this incoming message. Checked by AVG -
http://www.avg.com Version: 8.0.175 / Virus Database: 270.9.0/1770 -
Release Date: 11/5/2008 5:36 PM

--
Fear is the path to the Dark Side. Fear leads to anger. Anger leads to
hate. Hate leads to suffering. Yoda

[Homestead] Language: Constitution, dictionary or five guys' opinion?, Gene GeRue, 11/07/2008