Description Edit Appeal -- Tuliptree

Edit Justification: Intent to capture the inspirational message of courage given by the 1941 Commencement Speaker. On assumption this was rejected due to the word “hell,” I provide evidence that this word is not Obscene, Indecent, or Profane by citing the Federal Communications Commission’s definitions and rulings.

Title of the Waypoint: Tuliptree

Approximate Location: (41.686038, -73.895413)

City: Arlington, NY

Country: United States of America

Confirmation of Rejection (Description):

Supplemental Evidence:

EXHIBIT 1: Newspaper documentation of Commencement Address

Commencement Ushers Out '41. (1941, June 11). Vassar Miscellany News, p. 3. https://newspaperarchives.vassar.edu/?a=d&d=miscellany19410611-01.1.3&e=-------en-20--1-byDA-txt-txIN-commencement+1941-------

Summary: Speaker begins discussing the story of Corydon and Thyrsis and the building and tearing down of walls. He then addresses the predominant fear of the time, World War II and Nazi Germany, providing an anecdote of an academic colleague who was shot by the Nazis and concluded by giving words of courage in the face of those dark times.

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Commentary: Typically, the strongest part of speeches are the introduction, the climax, or the conclusion. In my judgment, the most meaningful content appeared in discussion of courage in facing Nazi Germany. My paraphrasing of this speech’s climax captures the message in the circled paragraph, trimming, rearranging, and rephrasing words to fit within the character limit, while preserving the spirit of the speaker’s intent.

EXHIBIT 2: Federal Communications Commission Mission and Ruling

The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories.

Exhibit 2-A: FCC Definitions of Obscene, Indecent, and Profane

Obscene, Indecent and Profane Broadcasts. (2020, June 16). Retrieved July 09, 2020, from https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts

Summary:

1.     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:

a.      It must appeal to an average person's prurient interest;

b.     Depict or describe **** conduct in a "patently offensive" way; and,

c.      Taken as a whole, lack serious literary, artistic, political or scientific value.

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

3.     Profane content includes "grossly offensive" language that is considered a public nuisance.

Exhibit 2-B: FCC Ruling on the Word “Hell”

(2006, March 15).

Memorandum Opinion. Retrieved July 09, 2020, from

https://transition.fcc.gov/eb/Orders/2006/FCC-06-17A1.html

Summary:

“[Consider a complaint] […] in which the [word] "hell" [was] allegedly  broadcast between 9 and 10 p.m.. The complainant believes that the material was indecent.

 

Obscenity Analysis. We deny the complaints to the extent that they

       allege the foregoing broadcasts are obscene. The three-part obscenity

       test set forth in Miller v. California requires that (1) an average

       person, applying contemporary community standards, would find that

       the material, as a whole, appeals to the prurient interest; (2) the

       material depicts or describes, in a patently offensive way, ****

       conduct specifically defined by applicable law; and (3) the material,

       taken as a whole, lacks serious literary, artistic, political, or

       scientific value.

 

Indecency Analysis. The word "hell" […] [does] not refer to **** or excretory organs or activity and therefore [falls] outside the subject matter scope of our indecency rules.

 

Profanity Analysis. Several of the complaints allege that the use of         the [word] “hell," or phrases including [its] variants, are profane. These words are not **** or excretory terms, and thus are presumed not to be profane. […] Similarly, we conclude that the use of these terms here in context is not so grossly offensive to members of the public as to amount to a nuisance and thus be deemed profane. Accordingly, we deny the complaints.”

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Commentary: The official US Government’s stance is established such that the word “hell” is neither Obscene, Indecent, nor Profane by definition, and allowed to be used in media. I believe this description was rejected due to the use of the word “hell.” The context in which it which the speaker used it was in reference to the historically brutal treatment and murder of scholars by Nazi Germany—this context provides historical, “literary, artistic, [and] political value.” 

I checked if “hell” is censored in PoGo before submitting this by (ironically) naming a Shedinja this word, and it was allowed.

Personal Opinion: I find the paraphrased quote to be quite meaningful and inspirational!

Thanks!

 

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Comments

  • rangersbc72-PGOrangersbc72-PGO Posts: 62 ✭✭✭

    To provide a point of clarification, the Tuliptree is the Class of 1941's Class Tree. This is a college tradition where each graduating class plants a tree--this is the rationale behind quoting the 1941 Commencement Speaker to capture the zeitgeist of the Class!

    On an aside, I deeply appreciate the irony in the censorship of the actual FCC rules on censorship!

  • Appeal Denied- Thanks for the appeal, Trainer. Based on the evidence provided and our research, we have decided that it does not meet our criteria for edit at this time.

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