FCC Says: "Private Ryan, Fuck Yeah!"

It's no surprise that the FCC exonerated ABC's broadcast of Saving Private Ryan. Michael Powell had indicated this ruling was in the works a few months ago, and the decision echoes an earlier FCC ruling about an unexpurgated broadcast of the Spielberg movie in 2002. But with this decision, the FCC has now come full circle in its torrid affair with that "most profane word in the English language" (the FCC's words). As a broadcaster, I'm more confused than ever over where the line is, except that I can now rest assured that if Senator John McCain introduces an academy award-winning Steven Spielberg production about World War 2 on WFMU, our first amendment rights will be protected.

Let's review the recent history of the FCC's love/hate relationship with the F-word:

October 3, 2003: The FCC rules that the word "Fuck" is legal, as long as it's used as an adjective. This was in reference to Bono saying "fucking brilliant" as he accepted an award during the Golden Globe awards. The FCC's ruling is here. An excerpt:

"As a threshold matter, the material aired during the "Golden Globe Awards" program does not describe or depict sexual and excretory activities and organs. The word "fucking" may be crude and offensive, but, in the context presented here, did not  describe sexual or excretory organs or activities. Rather, the performer used the word "fucking" as an adjective or expletive to emphasize an exclamation. Indeed, in similar circumstances, we have found that offensive language used as an insult rather than as a description of sexual or excretory activity or organs is not within the scope of the Commission's prohibition of indecent program content."

March 3, 2004: Barely a month after nipplegate, the FCC reverses itself on the initial Bono ruling, going so far as to call it's earlier decision "bad law." The March, 2004 ruling is here. In it, the FCC seemed to be saying that, contrary to it's decision from five months ealier, the F-word was never acceptable on broadcast media. An excerpt:

"We believe that, given the core meaning of the "F-Word,"  any use of that  word or  a variation, in any context, inherently has a  sexual connotation, and therefore falls within  the first  prong of our indecency definition... The use of the "F-Word" here, on a nationally telecast awards ceremony, was shocking and gratuitous. In this regard, NBC does not claim that there was any  political, scientific or other independent value  of use of the word here, or any other factors to mitigate its offensiveness. If the Commission were routinely not to take action against isolated and gratuitous uses of such language on broadcasts when children were  expected to be in the audience, this would likely lead to more widespread use of the offensive language.

While prior Commission  and staff action have indicated that isolated or fleeting broadcasts  of the "F-Word" such as that here are  not indecent or would  not be acted upon,  consistent with our decision  today we conclude that any such interpretation is no longer good law. By our action today,  broadcasters are on clear notice  that, in the future, they will be  subject to potential enforcement  action for any broadcast  of the "F-Word" or  a variation thereof in situations such as that here."

Seems clear enough, doesn't it? You can't ever air a fuck, even if it's not used sexually, even if it's just a single "fuck." No wonder than that 66 ABC television affiliates decided not to air Saving Private Ryan, which contains 21 cases of the F-word.

February 28, 2005: The FCC rules unanimously that Saving Private Ryan is perfectly fine to broadcast, due to it's gritty tale of heroism and personal sacrifice. The ruling is here.  "Fuck" is OK as long as it's swaddled in patriotism and it's won an Oscar.

In yesterday's decision, The FCC even went so far as to defend it's sanctioning of Bono:

"The utterance of the word "fucking" by a performer during the Golden Globe Awards telecast occurred in the context of a live awards program in which use of the word was shocking and gratuitous, where no claim of any political, scientific or other independent value was made, and during which children were expected to be in the audience."

And Michael Powell even weighs in with his own statement:

"Americans are not excessively prudish, only that they are fed up with being ambushed with content at times and places they least expect it."

In its ruling yesterday, the FCC goes on and on about the gritty realism of Saving Private Ryan, describing its plot in great detail, mentioning it's awards, credentials and its gritty portrayal of heroism. The FCC also mentions the number of disclaimers and announcements that were made throughout the broadcast, warning people to stay away, lest one of the 21 "fucks" leap out and ambush an unsuspecting viewer.

But previously, the Supreme Court had said that such disclaimers were irrelevant if they occured during hours when children might be in the audience, which was clearly the case with Saving Private Ryan, which aired prior to the FCC's 10pm-6am "safe harbor" period. In the 1978 George Carlin "filthy words" case (FCC versus Pacifica), the Supreme Court reinforced the FCC's decision that:

"...if an offensive broadcast had literary, artistic, political, or scientific value, and were preceded by warnings, it might not be indecent in the late evening, but would be indecent during the day, when children are in the audience."

So are disclaimers sufficient to protect the children from F-word ambushes? No. I mean Yes. Is the F-word OK if used as an adjective? Yes. Did I say "yes?" I meant to say "no." What were we thinking? Are 21 "fucks" OK for World War Two portrayals? Yes. How about the invasion of Grenada? The My Lai Massacre? Abu Ghraib? Only the five members of the FCC know for sure.

Let's hope the rumors floating around FCC circles in Washington, DC are true: that Fox and other big commercial broadcasters will soon be petitioning a US Federal District Court in New York for protection from the FCC's contradictory and capricious decision making.

If you enjoyed reading all about the F-word, then you're sure to enjoy this remix of Madonna's own F-word ambush. (MP3) Madonna's people had planted fake Madonna MP3s on various file sharing networks, and when the unsuspecting downloaders opened the file, Madonna excoriated them with a "This is Madonna. What the fuck do you think you're doing?" Within hours, there were dozens upon dozens of remixes floating around the web. This was one of them.

Comments

[listener jon]

Ken, you've done so much research into these issues. Is there anyone out there, besides the big broadcast networks, who is willing to challenge the FCC in court? Will the ruling that helps the big broadcasters help WFMU? I can't imagine our Supreme Court, even as conservative as they are, coming down in favor of the way the FCC regulates now.

One of the biggest problems you have described is the fact the FCC won't give out a list of words which cannot be used. Despite the orwellian or fascistic nature of a list, it would certainly make your job as a broadcaster easier in the short term. Avoid banned words. Make up new ones for the banned ones.

[Brian_C.]

How about if you broadcast "Private Ryan" on fmu? Or maybe, language aside, there would be usage rights to deal with.

However, if it could be done...I'm thinking a Kenny G a capella version. Yikes!

[listener mark]

I agree with Brian, broadcast Saving Private Ryan on air. Heck, in true Kenny G style, speed it up to fit it in an hour - 21 F's in an hour.

[pampelonne]

"Americans ... are fed up with being ambushed with content at times and places they least expect it."
What next, speaking citations? I can turn off the tv/radio. It's a whole other story to tell someone whose cussing in public to "kindly stop." (Not that the latter is my goal.)

"'Fuck' is OK as long as it's swaddled in patriotism and it's won an Oscar."
ok:
Born Free, as the fucking wind blows,
Free as grass fucks and grows,
Born free so take fucking heart.

Live free, it's fucking beautiful,
The word "fuck" astounds ye,
Every fucking time it's heard

(Stay free -- fuck the walls that divide)
You're rip roaring, fucking pride,
My friend, needn't fucking hide.

Born free, and "fuck" is worth saying,
but only because you're born fucking free

[Station Manager Ken]

We've already started working on an epic dramatic radio production of the invasion of Grenada. It will be gritty, bloody, heroic, muddy and filthy. And it will have great sound effects. Starring Andy Breckman as the Grenadian Marxist strongman that the US must overthrow to protects the lives of American citizens in that tiny island nation. We will have it introduced by Mayor Jeremiah Healey of Jersey City and Mayor Healey will be accompanied by a veteran of the war on Grenada.

We will interrupt it repeatedly with disclaimers to try to make sure that children dont stumble into it.

-ken

[Rob S.]

You should insert a disclaimer before each swear, something to the effect of, "The following word is a curse would. If there are little children in the room, please use parental guidance and/or puncture their eardrums."

[listener dave from nh]

There's really no way to directly contest any of the FCC's rulings, is there? They hand down fines and if you don't pay, you get your license revoked, and none of this is contestable in a court of law, correct? It's sort of up to congress to fight this one (which isn't entirely unreasonable given how much big media contributes to their elections) or for those pesky judicial activists to extend the beatdown of the FCC past the digital broadcast flag and into fines.

[Station Manager Ken]

Dave - That's not correct actually. Any United States district court has jurisdiction over the FCC's right to enforce indecency rules. And then there is the Supreme Court which has jurisdiction over ALL FCC matters.

But the problem is that broadcasters are cowed from contesting any FCC decision, because while any challenge to the FCC is pending, he FCC could retaliate against the complaining station by taking their license away or holding up any other applications / transactions they have pending before the FCC.

This is exactly what happened with Infinity a few years ago. They had millions of dollars of Howard Stern fines piling up, which they were contesting. As that argument dragged on, the FCC simply refused to let Infinity purchase any additional radio stations. Guess what happened? Infinity paid the fines, the FCC let them purchase their additional radio stations, and Howard started racking up the fines all over again.

-ken

[Golevka Helin]

'Private Ryan' is only the first fictional account of a historical moment that will be aired uncensored and at all times of the day, including 'Disney Hour' on Sunday night. I have seen this coming like a snowball ever since the popular radio stations started playing The Who's 'Who Are You' with the line 'who the fuck are you' instead of the singles version 'who the hell are you'. Another sign of impending cable blackout at my house is the broadcasting of prime time dramas at all hours. These shows were "cutting edge" in the battle to get more sex, skin, swearing on TV in the first place. Why are they allowed at 3:30pm when the only people watching them have just got home from grade school. My local paper won't publish my letters to the editor because they always contain exact quotes from TV or Radio that seem to them to be a violation of free speech. If they just put a disclaimer on the letter then I am positive they would be protected from those 'certain' people and groups. You know, the ones trying to uphold the American way, prevent the onslaught of perversion and reverse the decline of civilization. Like me.