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I'm honestly convinced that, post-Sable, the FCC is poised to lose should anyone challenge their obscenity provisions, Miller test notwithstanding. Since then
by bmelton 9y ago
I'm honestly convinced that, post-Sable, the FCC is poised to lose should anyone challenge their obscenity provisions, Miller test notwithstanding.
Since then though, the FCC has been more prudent with what they go after, and the fines have are low enough that it serves everyone's interests to keep everything de rigueur.
NBC doesn't want to have to worry about having to compete with smut on the public airwaves, or having to big against Pornhub in the next spectrum auction. Meanwhile, the FCC of course enjoys the presumption of authority over the airwaves with a quasi-plausible veil of content neutrality.