WI_Red
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Both of your examples break FCC rules around obscenity. These rules are rooted in US law that says obsecene material isn't protected speech so that's why the broadcaster would be penalized.
Mr. Pillow's opinion piece made on paid airtime doesn't violate those rules and therefore is protected speech under the first amendment. OANs disclaimer is an attempt to avoid legal liability for airing the content.
The bulk of the disclaimer ("hey it's not what we believe and he's paid for this airtime") along with the first amendment would probably offer them a good amount of liability protection but the parts that go on to claim "viewers need to know this because maybe it's true" take away from that for me.
What's even more strange is that they are preaching to the choir so there's no real need to go there. Their lawyers must've thought it was fine and would offer more protection under FCC rules.
is my example really more obscene than pillow boys shit?
All kidding aside, I get it. My example was a bad one because it does violate obscenity statues. Plus, cable TV operates under different guidelines than broadcast TV. I still don’t get how a statement (let’s forget the last 2 lines) at the beginning of a program, one that might be missed by a majority of the audience, absolves the network of any blame. They KNOW the content of the piece, and they KNOW it is false and defamatory, and they have not only decided to air it, but have taken money to do so.