The Commission defines indecent speech as language
that, in context, 12 depicts or describes sexual or
excretory activities or organs in terms patently offensive
as measured by contemporary community standards for the
broadcast medium.13
Indecency findings involve at least
two fundamental determinations.
First, the material alleged to be
indecent must fall within the subject
matter scope of our indecency
definition¾that is, the material must
describe or depict sexual or excretory
organs or activities. . . . Second,
the broadcast must be patently
offensive as measured by contemporary
community standards for the broadcast
medium.14
As a threshold matter, the material aired during the
``Golden Globe Awards'' program does not describe or depict
sexual and excretory activities and organs. The word
``XXXXing'' may be crude and offensive, but, in the context
presented here, did not describe sexual or excretory organs
or activities. Rather, the performer used the word
``XXXXing'' as an adjective or expletive to emphasize an
exclamation. Indeed, in similar circumstances, we have
found that offensive language used as an insult rather than
as a description of sexual or excretory activity or organs
is not within the scope of the Commission's prohibition of
indecent program content.15
