Jefferson in 1801 |
"In every country where man is free to think and to speak, differences of opinion will arise from difference of perception, and the imperfection of reason; but these differences when permitted, as in this happy country, to purify themselves by free discussion, are but as passing clouds overspreading our land transiently and leaving our horizon more bright and serene." --Thomas Jefferson |
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Hate Speech |
Only illegal content may be banned from a public access channel.
“Hate speech” is protected by the U.S. Constitution so long as it does not present a clear and present danger of imminent harm.
Hate speech hurts! While public access stations are required to carry it, they are not prevented from reaching out to communities, acknowledging the hurt of those it is directed, and encouraging counter-programming as a suitable response. In a First Amendment forum (such as public access television) the opinions and beliefs of the mechanical operator, such as MCAM, must not be considered. |
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Offensive Programming
"Last night I was watching channel 23 and I saw..."
MCAM is a First Amendment venue, but obscenity and pornography are illegal and prohibited at all times.
Extreme Violence, Indecency and profanity may NOT be prohibited, but will be played ONLY between the hours of 11pm and 6am.
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The FCC’s regulations concerning safe harbor or safe haven concern only indecent programming, which is defined by the FCC as follows: “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community broadcast standards for the broadcast medium, sexual or excretory organs or activities.
Indecent programming contains patently offensive sexual or excretory references that do not rise to the level of obscenity. |
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Indecent programming may, however, be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience”. Bearing in mind that it has not necessarily been established that these rules apply to cable access TV, but only to broadcasters.
The FCC traditionally refers complaints about programming under these rules back to the municipality that regulates the access center. Most municipalities have adopted the FCC standards on obscenity and indecency and enforce local community standards for PEG cablecasts. |
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MCAM does not preview or review public access programming, and will never exert "prior restraint" on a public access program. Producers are expected to act responsibly and alert MCAM staff to programming that may be inappropriate for younger viewers. MCAM reserves the right to restrict cablecast programming with excessively violent material, offensive language, nudity, or sexually explicit material.
The time will be determined by MCAM staff, generally after 11:00 pm, and before 6:00 am, in order to preserve a safe haven for viewing by “all audience members”.
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Types of restricted (not illegal) content:
Mild Adult: intended for mature audiences only: may be aired between the hours of 11pm to 5am. This category of programming intended for adult audiences may include infrequent profanity, mild violence, and brief frontal nudity of a non-sexual or non-erotic nature. This category is similar to what viewers are generally accustomed to seeing in stronger MPAA* PG-13 rated material, and some mild R rated material, or on some network broadcast and cablecast television (TV-14 or TV-MA) after 11pm. |
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Strong Adult: intended for mature audiences only that may include constitutionally protected “indecent” speech: may be aired between the hours of 1am to 4am. This category includes any uses of excessive and ultra profane language or depictions of nudity that is persistent or otherwise goes beyond brief or infrequent uses. This category is similar to what viewers are generally accustomed to seeing in stronger MPAA* R, NC-17 and X rated material, or in some cable TV pay-channels or pay-per-view channels.
When it comes to controversial (not illegal) content in programming, the response should be to encourage more speech, as opposed to enforcing silence. Furthermore, MCAM is forbidden by law from censorship, or content control. MCAM encourages anyone who disagrees with a program to produce counter-programming presenting an opposing point of view, or otherwise responding to the program in question. |
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Illegal or Obscene Content:
Please note: the courts have determined that material that is so- called “XXX” or “hardcore” pornography is legally obscene and is not permitted to be cablecast on Public Access. At no times may such Constitutionally unprotected material be cablecast on the channel. Producers of such material may be subject to prosecution. Information about any lottery, gift enterprise, or similar scheme offering prizes gained by lot or chance or any whole or partial list of prizes awarded by lottery, gift enterprise or similar scheme is prohibited. (Violation of this rule is subject to criminal liability under federal law, Title 18, U.S.C. Sec. 1304.) For example, a program violates this if it is connected with a valuable prize awarded to any person selected by lot or chance, if the winner is required to furnish anything in exchange for the prize, or if the winner is required to buy or have any product from a sponsor of the program. Material which is intended to defraud the viewer or designed to obtain money by false or fraudulent means is prohibited. |
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Free Speech |
Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could easily defeat us. |
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Brandeis in 1927 |
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“Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence”
— Justice Brandeis in Whitney v. California 271 U.S. 357 (1927) |
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