The other big radio\/TV news today was at the Supreme Court and the FCC’s rules about “indecency”, ideas pushed by the Bush appointees to the FCC.<\/p>\n
http:\/\/www.radio-info.com\/news\/broadcasters-win-big-indecency-case-at-supreme-court<\/p>\n
While that story frames the decision as a victory for broadcasters, I don’t see it that way at all, and unfortunate cowardice by the 8-0 Supreme Court (disclaimer: \u00a0I’m not a lawyer and have not read the decision). \u00a0What I believe it actually did was make more work for lawyers.<\/p>\n
George Carlin’s “words you can’t say on radio” was a comedy routine – it was never the “law” the FCC was supposed to enforce – until Pacifica radio aired his routine and backed the FCC and Supreme Court in a corner and ruled that his routine was inappropriate on over the air radio in the middle of the afternoon<\/p>\n
The NAB for a long time had a Standards and Practices Code that it enforced on its members, but only on its members. \u00a0 There most potent punishment was to throw you out of the NAB. \u00a0Even that S&P code I don’t think was detailed enough to list specific words you couldn’t say. \u00a0Pacifica opposed the creation of the NAB and shockingly is not a member, so NBC’s David Sarnoff and \u00a0CBS’s William Paley (Radio’s 1st generation) had no ability to shut up Pacifica using their government issued hammers – and that’s pretty clearly why that First amendment is there.<\/p>\n
So today’s case was about TV and “fleeting expletives” – meaning something went out “over the air” not because it was scripted but during a live program something got past the “dump” button.<\/p>\n
At one time or another, all of us have probably been at a sporting event or heard \/ watched one where a referee \/ umpire \/ judge made a really bad call – so bad the crowd of 30,000 people spontaneously erupt in unison screaming “Bull Shit!” or some equally coarse language for far too long to ignore.<\/p>\n
I want radio and TV to tell me what is going on, not suppress Information or panic in fear that the FCC will fine them for not censoring the crowd.<\/p>\n
Will this create a less civil society? \u00a0Probably. \u00a0Will it encourage others to behave in ways that will encourage more antisocial behavior? \u00a0 Very likely. \u00a0Do I want Congress or the FCC to monitor and regulate the content of radio and TV? \u00a0Hell no.I have no problem with the NAB or station owners having and enforcing rules. If America wants to hear Howard Stern tell fart jokes and have women show off their boobs or Rush Limbaugh playing Barack the Magic Negro, then that’s what we get. \u00a0 If people turn it off and advertisers don’t like the show, it will go away.<\/p>\n
As I understand it, all the Court decided was that the FCC failed to provide adequate notice to Fox and ABC TV that it had made new rules. The court could have said the FCC has no authority over content or the even broader idea Congress “shall make no law” and could not give the FCC that power even if they wanted to. \u00a0 The Court apparently does see the FCC and Congress having a right to make laws.<\/p>\n
Another story points that the FCC is sitting on over a million indecency complaint against TV stations – probably along the lines of the SNL church lady writing a complaint saying she’s pretty sure she saw a nipple after hitting rewind and looking carefully a dozen times.<\/p>\n
Renewal of TV licenses is tied up in knots over this backlog – all of which \u00a0is becoming moot. \u00a0If your goal is to protect the innocence of youth from learning about sex on TV, that horse long ago left the barn. \u00a0TVs for a couple decades have chips to allow parental control – I would venture the guess that few have taken the time to learn how to use it. \u00a0With 2 year olds using the Internet, It’s a good bet your 5th grader knows what Goatse is even if Mom & Dad haven’t got a clue.<\/p>\n
So all of this effort is pretty pointless as technology and society have made this futile. \u00a0 I stopped watching TV in 1996. \u00a0I don’t regret it at all.<\/p>\n
Besides, Congress has more important things to do like investigating if Pro Wrestling is fake and if football players know they can suffer brain damage from banging their heads into each other.<\/p>\n","protected":false},"excerpt":{"rendered":"
The other big radio\/TV news today was at the Supreme Court and the FCC’s rules about “indecency”, ideas pushed by the Bush appointees to the FCC. http:\/\/www.radio-info.com\/news\/broadcasters-win-big-indecency-case-at-supreme-court While that story frames the decision as a victory for broadcasters, I don’t … Continue reading