You Curse, They Decide

Ever since the right-wing christian reaction to Nipplegate in '04, the FCC has suffered chronic indigestion over the indecency issue. The commission has failed to come up with a clear policy on the broadcast of smut, leaving TV and radio stations guessing whether a split second of cartoon butt is going to set them back $325,000.

Major TV networks banded together earlier this year over the FCC's latest installment of shaky indecency enforcement, raising First Amendment concerns with a federal appeals court. Worried that these broadcasters might actually have a valid argument, the FCC did what any kid who forgot their homework would do: stall. Willingly, the appeals court granted the FCC permission to take more time to revisit a few of their recent indecency decisions in order to "clarify" matters (coughcovertheirassescough).

As if the FCC wasn't in enough of a pickle already: they willingly allowed prime-time profanity during ABC's broadcast of the fictional movie Saving Private Ryan, but fined a public community station for airing similar curse words in a blues documentary a year later... The FCC, in all of their wisdom, managed to cloud indecency rules even further this week, in a pathetic attempt to demonstrate a method behind their madness to the courts.

The commission reconsidered their decisions on four different cases of allegedly indecent TV broadcasts. Here's what the FCC re-decided, along with their justifications (I just can't bear to use the word "reasoning"). You can read their 36 page manifesto on these topics here.

1. A Survivor cast member interviewed on CBS's Early Show described another contestant as a "bullshitter." The feds initially ruled that "bullshitter" was indecent in this instance (they let it go without a fine), but this week decided that it was ok. Why the change of heart? Because the FCC must exercise "caution with respect to news programming." Miraculously, a catty reality show contestant interviewed on a morning talk program from the same network suddenly becomes legitimate news! Well, it's "news" when the FCC finds "news" a convenient label. Clever cross-marketing, perhaps, but news? The Early Show's top headlines for today include "Messy Road Ahead for Britney and K-Fed," "Winter Squash: Try Roasting It!," and "Barbaro's Cast Comes Off." News, of course. We wouldn't want the FCC watering down the news, would we?

2. The second FCC retraction this week involved a wee technical error. Two indecency complaints were filed against two episodes of NYPD Blue containing the word "bullshit," which the FCC deemed indecent, though no fine was levied. Upon further investigation, it turns out that both complaints were filed against a TV station in Kansas City, Missouri, (which aired the episodes before safe harbor hours) by an individual who resides in Alexandria, Virginia (1,000 miles away, where both episodes aired during safe harbor hours). Since these complaints did not originate from someone who could have possibly witnessed "bullshit" being uttered before 10pm, they were dismissed by the FCC. Remember, indecency depends on "community standards," which the FCC is reading to mean local standards. Kansas City, Missouri has been exonerated from bullshit, although the same cannot be said for Alexandria, Virginia.

3. During Fox's live broadcast of the 2002 Billboard Music Awards, Cher said "Fuck 'em!" The FCC claims that "fuck" is "always" indecent (well, unless we're talking about Saving Private Ryan a year earlier... "fuck" was ok then), but because this was a non-sexual "fuck" that was aired before the FCC went all anti-fuck, the network was not fined. The FCC's re-analysis of this decision came to the same conclusion: fuck is indecent, but the network shouldn't be fined.

4. Ditto for the 2003 Billboard Music Awards, when Nicole Richie posed the question, "Have you ever tried to get cow shit out of a Prada purse? It's not so fucking simple." Indecent (excretory "shit," non-sexual "fuck"), but no fine since it was before anyone was really aware of the FCC's arbitrary position on fleeting profanity.

So how will all this work in the FCC's favor? They have demonstrated that their indecency enforcement is clearly not standing in the way of hard-hitting news broadcasts like that interview with the Survivor cast member, and also managed to clear up a little geographical discrepancy. An incredibly sad last-ditch effort to draw some semblance of logic out of the FCC's mottled history of indecency enforcement. Let's hope the courts see right through their (news-only)bullshit. At least one of the FCC's own commissioners certainly does... The ball is in your court, broadcast lawyers.

Comments

[felix]

Well, that fucking sucks.

[Bill]

Are'nt most/all of these FCC complaints filed by a single organisation the Parent's Television Council? Members of which include the late Steve Allen and Liberal Democratic Senator Joe Lieberman? Everybody always wants to lay the blame at Right Wing Christians.Much of the Right Wing would maintain that the Federal Government has no Constitutional authourity to regulate television/radio.At least with the Democrats back in power we might see the secular progressive Left flex its censorship muscles to remind you this crap is "non-partisan" so-to-speak.I hate to see the cliched "Righ Wing" bashing all the time.

The SuperBowl incident is a poor choice to demonstrate the absurdity of this regulation anyways.It was a "G" rated "family" broadcast in the early portion of the Day.The most easily offended Prude would not have thought to block that with her V chip.

[Bat Guano]

Bill, much of the right wing is made up of crybabies who demand their own special kind of nanny state. And, please, find us an instance of the "secular progressive Left" trying to get the FCC to ban mention of any individual word or groups of words, or images.

[Liz B.]

Bill, you have a point about most democrats not being very pro-First Amendment on the indecency issue (but I would not label Lieberman a liberal democrat by any means). However, they're not the ones eagerly awaiting a televised slip of the tongue so that they can rile up their posse to fire off zillions of complaints to the FCC. The PTC and the American Family Association are behind most indecency complaints, as Jeff Jarvis of the BuzzMachine blog demonstrated in this case. FCC fines for indecency are based on viewer complaints: if nobody complains, then the FCC keeps its paws out of broadcast content.

I do find it incredibly disturbing that many so-called progressive and/or democratic representatives call for limits to the First Amendment so readily. Although these folks are not filing complaints with the FCC every time they hear the word "dick" on TV, they are creating systematic changes that will affect free speech in the future: read any of FCC Commissioner Copps' statements regarding indecency rulings, or do a party-line comparison between reps and Senators who voted to increase the maximum indecency fine. Few federal officials are brave enough to stand up for the First Amendment for fear of appearing soft on smut.

As far as sports games being "family-friendly," I'm sure the prudest of prudes is well aware of the rampant cursing coach phenomenon. The 2004 Super Bowl nipple incident (Janet was actually wearing a pastie, so "nipplegate" is a misnomer) lasted half a second, and frankly, half of her boob was showing before the wardrobe malfunction anyway. Cleavage is ok for the PTC, but they draw the line at pastie? Any prude would have changed the channel at the first sign of Justin Timberlake grinding against Janet.

[Gaylord Fields]

Bill, i'm sorry, but i stopped reading what you had to say (and any salient points you may have made about the hypocrisy of the FCC) when you referred to Joe "Stay the Course" Lieberman as a "liberal." Not to tell you (too harshly) how to make your arguments stick, but staying within the parameters of reality and not sprinkling your points with "Argument Helper" is one. Leave the truthiness to the professionals.

[felix]

Sounds like Bill is a little bummed about this recent election cycle. I do agree with him though. It used to be the case that when I wanted my dose of hardcore gay sex, or pedophilia, or hopped up tweakers, I would just turn on CSPAN. Now with the Dems in charge, I'll have to settle for some frumpy old biddy with 10 pounds of underwear droning on about some boring subject like universal healthcare or fiscal responsibility. Sheesh. But to be fair Bill, yes, I do remember when Saint Zappa was alive, he did indeed take on Tipper Gore over the PMRCC.

[Bill]

None of you will probably be back here ......BUT
LIEBERMAN is very very liberal by US Senate standards ...even for a Connecticut Democrat.
Remember you ran this guy as Gore's Vice President.
Or are you equating his support for the War with Conservatism?
Leaving out recent War(s) compare his voting record on liberal issues with your favorite US Senator and tell me he is more RightWing.
No one seeems to dispute my contention that these FCC complaints come from a very small group as opposed to some broad spectrum of Christians or RighWingers.
As for Censorship and the American Left look up yout broadcast history for something called "The Fairness Doctrine".Not to mention the regular shout downs of unpopular speakers
with those amusing chants of "No Free Speech For Racists!" "Racist! Sexist! Anti-Gay!..."
Don't forget Hillary and Video Games.C.Delores Tucker and Gangsta Rap.
And that Huckleberry Finn is the most bamnned book in school libraries.
I could go on about Lefty Censorship but my point is the knee-jerk condemnation of Right Wing Christians whenever this shit comes up.
Much of America's Individualist and libertarian tradition actually comes from those Crazy Evangelicals who were "outside" the established dominant Protestant Church.
See any bio of Patrick Henry for example. Much of the social power of establishment Protestantism has evolved into the secular progressiove left and their equating SUVs, "unhealthy" habits,"Hate Speech", etc with SIN.

[Gaylord Fields]

I'll just say this: What makes you think C. Deloris Tucker was a liberal? Oh, yeah, she was black — and all blacks are liberals. Same with Tipper — she's a Democrat, and Democrat = liberal to you. (Those who voted for Heath Shuler might have issue with that.) Our European friends seem to think we have two right-wing parties, and i tend to agree.

Advice #2: Leave the strawmen in the cornfields, where they actually perform a useful service.

[sd]

I really love how you always talk about 'right wing christian' censorship yet you deleted my comment criticizing the idiot who committed sucide and said it was because of the war in iraq. typical left wing hypoctricial bull shit. delete this one also.

[an observer]

I suspect your other comment was deleted because it was stupid and insensitive.

[sd]

if i made the same exact comment about john ashcroft it wouldnt be deleted, schmuck.

[Jim]

Whither freedom of speech?