Religious Broadcasters to Supremes: 6 am-10 pm Indecency Is Obscenity

The National Religious Broadcasters told the Supreme Court that it thinks indecent speech, as "reasonably" defined by the Federal Communications Commission, should continue to be an acceptable exception to free speech protections. But beyond that, it argues that an indecent airing within the FCC's 6 a.m. to 10 p.m. prohibited window -- when the FCC has said children are most likely to be in the audience -- is tantamount to obscenity.

Obscenity is illegal, period, not simply subject to regulation by the FCC. While the National Association of Broadcasters has said it is looking for clearer guidance, not freedom from all indecency regulations, NRB's equating indecency with obscenity removes the First Amendment shield entirely, as the group recognizes.