11. First, we find that the segment in which the show??s host discusses the sexual practices of certain cast members to be patently offensive. Specifically, the host, in discussing the sex life of John, a fellow cast member, and John??s wife, notes that they ??have anal every other time they do it? and that John??s wife ??loves anal.? The host further discusses John??s wife??s embarrassment that intimate details of their sex life are a topic of public discussion. This segment also includes the host??s comments regarding his personal revulsion at the thought of a naked, sweaty, obese man engaging in cunnilingus. Finally, during this entire segment, the host??s discussion of anal sex and his commentary on oral sex are punctuated by the sound of someone passing gas or evacuating. Given the explicit description of oral sex and the sustained discussion of a cast member??s anal-sex practices, all of which were accompanied by sound effects of flatulence and evacuation, it is clear that the material was designed to shock and pander. This segment is similar to material found to contain patently offensive descriptions of sexual activities. Accordingly, we find the material in this segment of the April 9, 2003, broadcast to be patently offensive as measured by contemporary community standards for the broadcast medium, and thus indecent.
13. In the other relevant segment, there is a discussion of ??Sphincterine,? a purported personal hygiene product. We also find that this segment is patently offensive. Specifically, the show??s host interviewed the inventor of ??Sphincterine? and promoted the sale of the product. During the course of this interview, the host and guest made repeated references to oral sex and to the olfactory aspects of excretory activity. For instance, the host noted that the guest had invented ??Sphincterine? because ??a chick was giving you oral and you had ??swamp ass??.? The host elicited specific information about the encounter that lead to the creation of the product, namely that odors emanating from the inventor??s genital area repelled his girlfriend when she had attempted to initiate fellatio. Finally, this segment, like the earlier one involving discussions involving anal sex, was interspersed with the sound of flatulence. Given the detailed discussion of the sounds and smells associated with excretory activity and oral sex, which were accompanied by the sound effects of flatulence and were dwelled upon, it is clear that the material was used to shock and pander. Accordingly, we also find the material in this segment of the April 9, 2003, broadcast to be patently offensive as measured by contemporary community standards for the broadcast medium.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-88A1.doc
