By Christopher M. Fairman

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Extra resources for Fuck (Cardozo Law Review Vol.28-4: pp. 1711-1772)

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With the Commissioners’ conclusion in Golden Globe II that any use of fuck was inherently descriptive of sexual activities and patently offensive as vulgar and shocking language, airing the film with its repeated use of fuck and other taboo words would literally be taunting the FCC to fine them. 248 Saving Private Ryan, supra note 246, at 4507, 4508-09, ¶¶ 1, 4. 249 Id. 23. 250 Id. ¶13 (assuming arguendo that the first and second components of patently offensive test were met). 1746 CARDOZO LAW REVIEW [Vol.

Dissenting) (stating that using f-word in virtually every sentence, calling clients fuckers, routinely using fuck in meetings was offensive enough to state a claim). 338 See Ferraro v. Kellwood, No. 03 Civ. Y. Nov. 18, 2004) (“fucking idiot” and “stupid motherfucker” are neutral and nondiscriminatory); Naughton v. , No. D. Ill. Feb. 3d at 345-46, as holding that “dumb motherfucker” and “when the fuck are you going to get the product” were neutral verbal abuse). ”). 340 Id. 341 See Steiner v. 3d 1459, 1464 (9th Cir.

At 3. 210 Id. at 4. 211 Id. 212 Professor Calvert squarely identifies this basic principle: the vaguer the definition, the greater the government censorship. See Calvert, supra note 207, at 347-49; see also Clay Calvert & Robert D. Richards, Free Speech and the Right to Offend: Old Wars, New Battles, Different Media, 18 GA. ST. U. L. REV. 671, 701 (2002) (stating vague terms such as “indecency” and “offensive” chill free expression). 213 Because the FCC pegs indecency to a contemporary community standard, it often uses the number of citizen complaints against a broadcast as a strong indicator that the contemporary community standard was breached by indecent material.

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Fuck (Cardozo Law Review Vol.28-4: pp. 1711-1772) by Christopher M. Fairman


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