(Washington, DC) – Judicial Watch announced it filed a Federal Communications Commission (FCC) complaint this weekend against NBC for airing obscene and indecent content from the Olympics Opening Ceremony.

The Judicial Watch FCC complaint, filed by Judicial Watch President Tom Fitton reads, in part:

NBC and its various stations/outlets on TV, cable and Internet carried (and continues to make available) the Olympics Opening Ceremony on July 26, which included an adult male purposefully exposing (himself) in the presence of a child/children. This content is both obscene and indecent and, to make matters worse, was aired during viewing hours when it was likely seen by millions of children and minors.

The obscene/indecent content occurred during a portion of the ceremonies that mocked Jesus Christ and the Last Supper. The Olympics was forced to issue an apology over the content.

According to the FCC, “federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.”  The FCC further states:

Obscene content does not have protection by the First Amendment.  For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.

Profane content includes “grossly offensive” language that is considered a public nuisance.

The FCC notes airing obscene or indecent content is a federal crime:

It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. Under 18 U.S.C. Section 1464, “[w]hoever 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.”

Under 18 U.S.C. Section 1468(a), “[w]hoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.”

Likewise, under 47 U.S.C. Section 559, “[w]hoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined under Title 18 or imprisoned not more than 2 years, or both.” Section 73.3999 of the Commission’s rules, applicable to broadcast stations, bans the broadcast of obscene material and prohibits radio and television broadcasts of indecent material between the hours of 6:00 a.m. and 10:00 p.m.

“The blasphemous Olympics’ Opening Ceremony which included, among other obscene and indecent acts, a man partially exposing himself around children, is patently offensive for any sensible American and requires immediate FCC action against NBC” said Judicial Watch President Tom Fitton

“The Justice Department should also launch an investigation, especially given the use of children in this obscene and indecent NBC broadcast.”

Any person can file a complaint about the NBC broadcast directly with the FCC: https://consumercomplaints.fcc.gov/hc/en-us/articles/27646986117268-TV-Form-Descriptions-of-Complaint-Issues.

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