GRAND RAPIDS, Mich. - If you have been following Michigan's race for Governor, you undoubtedly have heard Democratic candidate Gretchen Whitmer say her campaign slogan, "Fix the damn roads."
It's certainly an aggressive way to make a political statement. There's no question Whitmer is using that slogan because research done on this race likely showed she needed to be tough on this issue.
But the use of the word "damn" has riled people in both parties who say the use of it to make the point is inappropriate and isn't necessary.
Whitmer's campaign has defended the use of the word considering the perception that the problem is so severe.
"Every day on the campaign trail people talk about how they are fed up because Michigan’s roads have gotten worse under Governor Snyder and Bill Schuette, not better," Whitmer campaign spokesman Zack Pohl said. "Gretchen Whitmer has a real plan to finally fix our roads and bridges the right way, the first time, with high-quality material and mix so we get the job done right. It’s time to get it done.”
Years ago, in some circles, the word "damn" was considered a swear word and wasn't to be used on the air in any broadcast form. These days, it's much more common, likely because of changing beliefs.
It's also because the Federal Communications Commission decided back in 1971, that using the word "damn" in spoken language on the public airwaves was a not a violation of the law.
"The [Whitmer] campaign did not have to scratch the surface very far in looking into the FCC rules and regulations to see that the word. Particularly, because it's used in the context of political speech, [it] is not a word that is illegal or the FCC is going to care too much about it," said Western Michigan University Cooley Law Professor Devin Schindler.
Schindler says there have been several attempts over the years to complain about the usage of that word to the FCC, but in every circumstance, the government said it was protected as free speech.
"The FCC has consistently ruled that that word is not obscene, not indecent, nor is it profane," Schindler said.
Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV. The guidelines define profanity as "language so grossly offensive to members of the public who actually hear it as to amount to a nuisance."
There are certainly words out there that qualify as profane but even when those are used on the public's airwaves, it's the circumstances of how it's used and broadcasted that would count.
"Generally speaking there are a series of words based on an old U.S. Supreme Court case that stations know they should not be using," Schindler said.
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