[Ads-l] The F-Icon

Baker, John JBAKER at STRADLEY.COM
Mon Apr 27 15:19:36 UTC 2015


Black's Law Dictionary (9th ed. 2009), which for legal purposes is the most important dictionary, defines "utter" as follows:

"utter, vb. (15c) 1. To say, express, or publish <don't utter another word until your attorney is present>. 2. To put or send (a document) into circulation; esp., to circulate (a forged note) as if genuine <she uttered a counterfeit $50 bill at the grocery store>.  - utterance (for sense 1), uttering (for sense 2), n."

Apparently the first definition, "to say, express, or publish," is intended.  I believe that obscene language in American Sign Language would be prohibited by the statute (leaving aside the fact that typically most members of the broadcast audience do not know American Sign Language).  As for whether the statute really bans video evidence of the use of the bird, I will leave that to wiser minds than mine for now.  I suspect that the decision to blur was more affected by network censors' not-always-accurate assessment of whether the image was likely to offend their audience, rather than legal considerations.


John Baker


-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf Of Joel Berson
Sent: Monday, April 27, 2015 10:56 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Re: The F-Icon

My original question about the FCC was about how it might attach taboo "language" to a picture.  Can "utters ... language" be interpreted as applying to an image?

I suppose one could go back to the days when one "uttered" counterfeit money:  

Sense 1.a., "To put (goods, wares, etc.) forth or upon the market; to issue, offer, or expose for sale or barter; to dispose of by 
way of trade; to vend, sell."
But that meaning, "In very frequent use from c1540 to c1655," last used by Sir Walter Scott in the 1820s, long antedates "radio communication."
Or one could go to 2.c. "To issue by way of publication; to publish. Now arch. rare."
Aha - here it is:  7.b, "To show, display; to bring to LIGHT."  Last used in 1582.  Clearly the original intent in the FCC wording.
Joel

________________________________
 From: "Baker, John" <JBAKER at STRADLEY.COM>
To: ADS-L at LISTSERV.UGA.EDU 
Sent: Monday, April 27, 2015 12:23 AM
Subject: Re: [ADS-L] The F-Icon
 

I forgot that, for some odd reason, my contributions are garbled when they are sent as replies.  I'll try again.


FCC regulation of taboo language is based on Title 18, Section 1464 of the United States Code, which states in full:  "Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both."

Note that broadcast television is a form of radio communication.  Cable television and the Internet, of course, are not, although I suppose the increasing use of Wi-Fi might put that in doubt.  I can appreciate a broadcaster's concern that a gesture such as the digitus impudicus might be viewed as an utterance of obscene or indecent language.

FCC administration of 18 U.S.C. 1464 is governed by an FCC policy statement from 2001, available online at http://transition.fcc.gov/eb/Orders/2001/fcc01090.html.   Connoisseurs of obscene, indecent, and profane language will appreciate the many full-text examples in the FCC statement.


John Baker

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