Sign this petition
Have the FCC Remove Rush Limbaugh From the Radio
By T. Turner (Contact)
To be delivered to:
Petition Statement
Petition the FCC the remove Mr. Limbaugh from the radio as he has violated FCC rules and regulations countless times. The most recent incident being his assault on women and his degradation of Sandra Fluke.
At best it can be said that he has used hateful, negative, and even racist and sexist remarks toward people that do not stand with his views or with him on issues of any sort, social or political.
This is the following definition of
Obscenity, Indecency and Profanity and is on the FCC website.
It is clear the Mr. Limbaugh has before, and currently is violating these rules and regulations.
Let's get him removed form the radio!
It’s Against the Law
It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to air indecent programming or profane language during certain hours. Congress has given the Federal Communications Commission (FCC) the responsibility for administratively enforcing these laws. The FCC may revoke a station license, impose a monetary forfeiture or issue a warning if a station airs obscene, indecent or profane material.
Obscene Broadcasts Are Prohibited at All Times
Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
The material, taken as a whole, must lack serious literary, artistic, political or scientific value.
Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.
The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It 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.
Consistent with a federal indecency statute and federal court decisions interpreting the statute, the Commission adopted a rule that broadcasts -- both on television and radio -- that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are prohibited and subject to indecency enforcement action.
Profane Broadcast Restrictions
The FCC has defined profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”
Like indecency, profane speech is prohibited on broadcast radio and television between the hours of 6 a.m. and 10 p.m.
Enforcement Procedures and Filing Complaints
Enforcement actions in this area are based on documented complaints received from the public about obscene, indecent or profane material. FCC staff will review each complaint to determine whether it contains sufficient information to suggest that there has been a violation of the obscenity, indecency or profanity laws. If it appears that a violation may have occurred, the staff will start an investigation, which may include a letter of inquiry to the broadcast station.
If the description of the material contained in the complaint is not sufficient to determine whether a violation of the statute or FCC rules regarding obscene, indecent and profane material may have occurred, FCC staff will send the complainant a dismissal letter explaining the deficiencies in the complaint and how to have it reinstated. In such a case, the complainant has the option of re-filing the complaint with additional information, filing either a petition for reconsideration, or, if the decision is a staff action, an application for review (appeal) to the full Commission.
If the facts and information contained in the complaint suggest that a violation of the statute or FCC rules regarding obscenity, indecency and profanity did not occur, FCC staff will send the complainant a letter denying the complaint, or the FCC may deny the complaint by public order. In either situation, the complainant has the option of filing either a petition for reconsideration or, if the decision is a staff action, an application for review (appeal) to the full Commission.
If the FCC determines that the complained-of material was obscene, indecent and/or profane, it may issue a Notice of Apparent Liability (NAL), which is a preliminary finding that the law or the FCC's rules have been violated. Subsequently, this preliminary finding may be confirmed, reduced or rescinded when the FCC issues a Forfeiture Order.
Context
In making obscenity, indecency and profanity determinations, context is key. The FCC staff must analyze what was actually aired, the meaning of what was aired and the context in which it was aired. Accordingly, the FCC asks complainants to provide the following information:
Information regarding the details of what was actually said or depicted during the broadcast.
The complainant may choose the format for providing the information, but it must be sufficiently detailed so that the FCC can determine the words or language used, or the images or scenes depicted during the broadcast and the context of those words, language, images or scenes. Subject matter alone is not sufficient to determine whether material is obscene, indecent or profane. For example, stating only that the objectionable programming “discussed sex” or had a “disgusting discussion of sex” is not sufficient. Moreover, the FCC must know the context when analyzing whether specific, isolated words or images are obscene, indecent or profane. The FCC does not require complainants to provide tapes or transcripts in support of their complaints. Consequently, failure to provide a tape or transcript of a broadcast, in and of itself, will not lead to automatic dismissal or denial of a complaint. Nonetheless, a tape or transcript is helpful in processing a complaint and, if available, should be provided.
The date and time of the broadcast.
Under federal law, if the FCC assesses a monetary forfeiture against a broadcast station for violation of a rule, it must specify the date the violation occurred. Accordingly, it is important that complainants provide the date the material in question was broadcast. Indecent or profane speech that is broadcast between the hours of 10 p.m. and 6 a.m. is not actionable. Consequently, the FCC must know the time of day that the material was broadcast.
The call sign, channel, or frequency of the station involved.
To take enforcement action for the airing of prohibited material, the FCC must be able to identify the station that aired the material. By providing the call sign, channel or frequency of the station, you will help us to quickly and efficiently process your complaint. The name of the program, DJ, personality, song or film; network; and city and state where you heard or saw the program are also helpful.
Any documentation you provide to the FCC about your complaint becomes part of the FCC’s records and may not be returned.
How to File a Complaint
There is no charge for filing a complaint with the FCC. You can file your complaint using an online complaint form. You can also file a complaint by calling 1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th St., SW
Washington, DC 20554.
The best way to provide all the information the FCC needs to process your complaint is to complete fully the online complaint form. When you open the online complaint form, you will be asked a series of questions that will take you to the particular section you need to complete.
If you are submitting a video tape, DVD, CD or other type of media with your complaint, please send it to the following address to avoid mail processing damage.
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East Hampton Drive
Capitol Heights, MD 20743
At best it can be said that he has used hateful, negative, and even racist and sexist remarks toward people that do not stand with his views or with him on issues of any sort, social or political.
This is the following definition of
Obscenity, Indecency and Profanity and is on the FCC website.
It is clear the Mr. Limbaugh has before, and currently is violating these rules and regulations.
Let's get him removed form the radio!
It’s Against the Law
It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to air indecent programming or profane language during certain hours. Congress has given the Federal Communications Commission (FCC) the responsibility for administratively enforcing these laws. The FCC may revoke a station license, impose a monetary forfeiture or issue a warning if a station airs obscene, indecent or profane material.
Obscene Broadcasts Are Prohibited at All Times
Obscene material is not protected by the First Amendment to the Constitution and cannot be broadcast at any time. The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
The material, taken as a whole, must lack serious literary, artistic, political or scientific value.
Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.
The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It 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.
Consistent with a federal indecency statute and federal court decisions interpreting the statute, the Commission adopted a rule that broadcasts -- both on television and radio -- that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are prohibited and subject to indecency enforcement action.
Profane Broadcast Restrictions
The FCC has defined profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”
Like indecency, profane speech is prohibited on broadcast radio and television between the hours of 6 a.m. and 10 p.m.
Enforcement Procedures and Filing Complaints
Enforcement actions in this area are based on documented complaints received from the public about obscene, indecent or profane material. FCC staff will review each complaint to determine whether it contains sufficient information to suggest that there has been a violation of the obscenity, indecency or profanity laws. If it appears that a violation may have occurred, the staff will start an investigation, which may include a letter of inquiry to the broadcast station.
If the description of the material contained in the complaint is not sufficient to determine whether a violation of the statute or FCC rules regarding obscene, indecent and profane material may have occurred, FCC staff will send the complainant a dismissal letter explaining the deficiencies in the complaint and how to have it reinstated. In such a case, the complainant has the option of re-filing the complaint with additional information, filing either a petition for reconsideration, or, if the decision is a staff action, an application for review (appeal) to the full Commission.
If the facts and information contained in the complaint suggest that a violation of the statute or FCC rules regarding obscenity, indecency and profanity did not occur, FCC staff will send the complainant a letter denying the complaint, or the FCC may deny the complaint by public order. In either situation, the complainant has the option of filing either a petition for reconsideration or, if the decision is a staff action, an application for review (appeal) to the full Commission.
If the FCC determines that the complained-of material was obscene, indecent and/or profane, it may issue a Notice of Apparent Liability (NAL), which is a preliminary finding that the law or the FCC's rules have been violated. Subsequently, this preliminary finding may be confirmed, reduced or rescinded when the FCC issues a Forfeiture Order.
Context
In making obscenity, indecency and profanity determinations, context is key. The FCC staff must analyze what was actually aired, the meaning of what was aired and the context in which it was aired. Accordingly, the FCC asks complainants to provide the following information:
Information regarding the details of what was actually said or depicted during the broadcast.
The complainant may choose the format for providing the information, but it must be sufficiently detailed so that the FCC can determine the words or language used, or the images or scenes depicted during the broadcast and the context of those words, language, images or scenes. Subject matter alone is not sufficient to determine whether material is obscene, indecent or profane. For example, stating only that the objectionable programming “discussed sex” or had a “disgusting discussion of sex” is not sufficient. Moreover, the FCC must know the context when analyzing whether specific, isolated words or images are obscene, indecent or profane. The FCC does not require complainants to provide tapes or transcripts in support of their complaints. Consequently, failure to provide a tape or transcript of a broadcast, in and of itself, will not lead to automatic dismissal or denial of a complaint. Nonetheless, a tape or transcript is helpful in processing a complaint and, if available, should be provided.
The date and time of the broadcast.
Under federal law, if the FCC assesses a monetary forfeiture against a broadcast station for violation of a rule, it must specify the date the violation occurred. Accordingly, it is important that complainants provide the date the material in question was broadcast. Indecent or profane speech that is broadcast between the hours of 10 p.m. and 6 a.m. is not actionable. Consequently, the FCC must know the time of day that the material was broadcast.
The call sign, channel, or frequency of the station involved.
To take enforcement action for the airing of prohibited material, the FCC must be able to identify the station that aired the material. By providing the call sign, channel or frequency of the station, you will help us to quickly and efficiently process your complaint. The name of the program, DJ, personality, song or film; network; and city and state where you heard or saw the program are also helpful.
Any documentation you provide to the FCC about your complaint becomes part of the FCC’s records and may not be returned.
How to File a Complaint
There is no charge for filing a complaint with the FCC. You can file your complaint using an online complaint form. You can also file a complaint by calling 1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th St., SW
Washington, DC 20554.
The best way to provide all the information the FCC needs to process your complaint is to complete fully the online complaint form. When you open the online complaint form, you will be asked a series of questions that will take you to the particular section you need to complete.
If you are submitting a video tape, DVD, CD or other type of media with your complaint, please send it to the following address to avoid mail processing damage.
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East Hampton Drive
Capitol Heights, MD 20743
Petition Background
Petition the FCC the remove Mr. Limbaugh from the radio as he has violated FCC rules and regulations countless times. The most recent incident being his assault on women and his degradation of Sandra Fluke.
At best it can be said that he has used hateful, negative, and even racist and sexist remarks toward people that do not stand with his views or with him on issues of any sort, social or political.
UPDATE ~
The petition will be taken down on Monday morning and printed off and sent to the FCC, along with a statement entailing that this is not an attack on Mr. Limbaughs freedom of speech. He is allowed to think and say what he wants. The issue is how he presents it, and the fact that he is hateful and obscene. That the way he presents his issues on air violates FCC rules and regulations, and that he should be removed for these violations, not because of his opinion, but because of the offensive and obscene way in which he presents them. If he were to present his issues with rationale and respect this petition would never had been started.
So let's get as many signatures as we can by Monday 9am MST.
UPDATE~
Due to the great response to this I am going to leave it up for 48 more hours.
So I will take this down and print off and send it to the FCC on Wednesday, 03/07/2012 at 9am MST.
I also want to make it clear that there is a difference between expressing your view points and being profane and obscene. This is not an attack on his freedom of speech, this is about the way in which he presents his ideas and issues. If Imus was removed for saying "nappy headed hos." Then why is Rush Limbaugh allowed to be profane, obscene, and offensive. Even supporting public internet pron by stating that everyone who uses BC that is paid for by him and others should be allowed to watch it, and there for Fluke and people like myself should then video tape ourselves, in the very private act of sex, and display it for him and millions of others to see. That is profane, obscene, and clearly a violation of FCC rules and regulations. This is not about what he thinks, this is about how he presents what he thinks and his blatant and malice attacks on people, women more specifically.
I hope that we can hit 10,000 signatures in that time. Thank you all for your support, and for signing this petition, this is how our voices are heard.
There are currently 8,287 signatures
Previous petition signers
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