FCC Chairman Kevin Martin is darn tootin' pissed over a U.S. Court of Appeals ruling yesterday on so called "indecency" on television. The decisions involved incidents where Cher and Nicole Ritchie each used "fleeting expletives" on live broadcasts of music awards shows. Namely the words "fuck" and "shit."But the decision isn't really the news here. It's Kevin Martin's reaction to the decision, and how obviously pissed he is. The FCC Chair feels that essentially the New York court may have neutered the FCC from enforcing any restrictions on language as a result of this decision. Martin also doesn't hesitate to point to a la carte channel programming as a solution to indecency in the media. Something that cable companies vehemently oppose, but that Sirius-XM have offered up as an option as part of their merger. The satellite radio companies should probably play this card a little harder, clearly outlining their plans for a la carte programming and "family friendly" packages (but suspensions aren't the solution).
Read FCC Chairman Kevin Martin's statement after the jump...
[via The Huffington Post]
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Today, the Second Circuit Court of Appeals in New York said the use of the words “fuck” and “shit” by Cher and Nicole Richie was not indecent.
I completely disagree with the Court’s ruling and am disappointed for American families. I find it hard to believe that the New York court would tell American families that “shit” and “fuck” are fine to say on broadcast television during the hours when children are most likely to be in the audience.
The court even says the Commission is “divorced from reality.” It is the New York court, not the Commission, that is divorced from reality in concluding that the word “fuck” does not invoke a sexual connotation.
These words were used in prime time, when children were watching. Ironically, the court implies that the existence of blocking technologies is one reason the FCC shouldn’t be so concerned. But even a vigilant parent using current blocking technologies such as the V-Chip couldn’t have avoided this language, because they rely on the program’s rating, and in this case the programs were rated appropriate for family viewing.
If ever there was an appropriate time for Commission action, this was it. If we can’t restrict the use of the words “fuck” and “shit” during prime time, Hollywood will be able to say anything they want, whenever they want.
The Court Decision
As part of its March 15, 2006 Omnibus Indecency Order, the FCC determined that the 2002 and 2003 Billboard Music Awards broadcasts were indecent and profane.
During the 2002 Billboard Music Awards, the entertainer Cher made the following comment:
“I’ve had unbelievable support in my life, and I’ve worked really hard. I’ve had great people to work with. Oh, yeah, you know what? I’ve also had critics for the last 40 years saying that I was on my way out every year. Right. So fuck ‘em. I still have a job and they don’t.”
During the 2003 Billboard Music Awards, Paris Hilton and Nicole Richie took part in the following exchange:
Paris Hilton: “Now, Nicole, remember, this is a live show, watch the bad language.”
Nicole Richie: “Okay, God.”
Paris Hilton: “It feels so good to be standing here tonight.”
Nicole Richie: “Yeah, instead of standing in mud and [audio blocked]. Why do they even call it ‘The Simple Life?’ Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple.”
Fundamentally, the Commission acted in accordance with its Congressional mandate to prohibit indecency and profanity on the airwaves, and in keeping with previous court decisions regarding indecency.
In the 1978 Pacifica case, the Supreme Court affirmed the Commission’s finding that the broadcast of comedian George Carlin’s monologue about the “seven dirty words you can’t say on TV and radio” was indecent. In the case before the court today, the Commission was restricting only the use of two of those seven words. But as a result of this ruling, the New York court may have prohibited the Commission from enforcing any restrictions on language.
Potential Solution
Today’s decision by the Court increases the importance of Congress considering contentneutral solutions to give parents more tools and consumers generally more control and choice over programming coming into their homes. By allowing them to choose the channels that come into their homes, Congress could deliver real power to American families.
Permitting parents to have more choice in the channels they receive may prove to be the best solution to content concerns. All of the potential versions of a la carte would avoid government regulation of content while enabling consumers, including parents, to receive only the programming they want and believe to be appropriate for their families. Providing consumers more choice would avoid the First Amendment concerns of content regulation, while providing real options for Americans.
well, fuck him
Your right suspensions aren't the answer. XM should have thrown those hacks off the air years ago. It doesn't really matter though, because the day the merger is final, Mel and Howard will call the bbbbboys up to the office and having 2 pink slips waiting on the desk. Who who? Howard Stern always wins copycat hacks and you pests can smash all your XM units you want, it ain't gonna change a thing. Howard Stern is the king of all media, esp. satellite radio.
The court even says the Commission is “divorced from reality.”
HA HA!
You know, a broadcaster that really wanted to test the waters would have a DJ or newscaster read that statement and not bleep anything out.
It's directly quoting a statement issued by the chair of the FCC, the arbiters of decency. It has to be decent, right?
That's a lot of fuck and shit coming from the FCC head. The humans must be rubbing off on him.
Fuck the FCC.
pestcontrol:
we get it. you are an O&A fan trying to make Howard fans look like asses. its not working. go away.
As for a la carte programming on satellite radio, I have my worries over it. doing this would allow the companies to know exactly how many people want each channel. with a merger and possibly a number of channels going away and becoming reorganized, I am afraid we would all wind up with top 20 stations and lose a lot of what makes satellite great. I mean, why bother programming and throwing bandwidth to a channel that only 4% of the listeners choose to pay for?
or knowing mel, these channels would stay around, but use advertising to support them...
WTF who are you calling a pest??? I can't stand those unfunny 40 year old bbbboys. I bought Sirius for a reason and not XM. If I wanted their pedantic unfunny potty joke humor, I'd just listen to testicle radio, or listen to real comedians on HBO. Even JV & Elvis were more cutting edge than those shitdicks. So sorry if I'm too outspoken or vehement on this issue, but I can't stand all the pandering to O&Gay that goes on here.
"pedantic... potty joke humor"
Hmmm.
"I don't think that word means what you think it means."
Yes, you got me. I got on a rant and didn't proofread for grammar/spelling. Pwnt.
It is pretty hard to argue with Martin's position. Any reasonable-minded parent should have the expectation of some consistency in TV programming, and if a program that is rated as a family program contains profanity of this nature, it wrecks the entire system.
In many [most?] households, parents desire to shelter their young children from profanity, for whatever reason. Should those parents not have some reasonable expectation that their children can watch TV at all?
The Court was apparently way off base on this one and Martin is clearly in the right. There must be some reasonable limits on broadcast TV or those people who choose to shelter their small children from profanity have no option.
Broadcast TV must, by its nature, provide a safe harbor for those who want access to television in their homes but don't want their toddlers running around saying "shit" and "fuck".
I gather the arguments supporting the Court's decision come from persons who either (a) don't have young children, or (b) don't attach any significance to the use of such language before small children. While I fully respect the rights of people to raise their children how they want to, people who don't want their children exposed to it ought to be able to watch SOME TV in their homes without having to concern themselves with it.
For the record, my entire family cusses like a boatload drunken sailors. I just think people who don't want it ought to have some ability to get away from it short of throwing out the TV.
I find this argument to be rather shallow and pedantic.
Yes, I agree. Shallow AND pedantic.
That's the whole problem with this argument, it's too subjective. What offends me might not offend you, and when companies like XM start making examples of radio hosts simply because 30 seconds of audio got taken completely out of context and blown completely out of perportion, that really says a lot about how much things have gone wrong. We are a nation of pussies who can't take a joke when it's aimed at someone of a different race or nationality, or anything like that. I just think it's really sad. and Kevin Martin is a tool. Fuck him in the ass with a big rubber dick.
Potential Solution
Stop trying to turn Americans into thin-skinned, whiney bitches.
"If ever there was an appropriate time for Commission action, this was it. If we can't restrict the use of the words "fuck" and "shit" during prime time, Hollywood will be able to say anything they want, whenever they want."
If that's in any way remotely true then good.
Maybe it's finally the time where this country can grow up and understand that morality or decency is not based on "dirty, scary" words. It's absolutely astonishing that this primitive belief structure is still in place.
Continuing to allow buffoons like Martin to consult their tea leaves for their next inquisition ruling is the only indecent thing going on here.
FUCK the FCC. May it burn to the ground.
Stackpointer: my thoughts exactly. If the FCC can't restrict that language on prime time television, then they might as well quit claiming to have imposed any standards of decency. The rating system was set up so that parents can choose what they allow their kids to watch.
Of course don't expect agreement in this venue. Most of the brainless wonders posting here haven't the foggiest of what it takes to raise small children today.
>>> Maybe it's finally the time where this country can grow up and understand that morality or decency is not based on "dirty, scary" words. It's absolutely astonishing that this primitive belief structure is still in place.
Got it. That really makes sense. YOU should be the decision maker as to what morality or decency is based on, not parents of small children.
Whether the "belief structure" is primitive or just something that people want, it IS largely instact within America.
Americans would object to XXX porn on broadcast TV at 7pm. Not a few, but almost all. Are you going to claim that's okay, too? If so, it obviously runs counter to what the vast majority of people want. If not, then where do you draw the line?
I think most reasonable people agree that there should be some limitations on broadcast television, certainly during prime time. So, who are you to decide what is okay and what is not? For sure, the extreme positions being expressed on this thread do not represent the views of the masses.
It is hard to see how either of the extremes should govern in this instance -- a moderate point of view is called for, and that would mean that during prime time parents would at least have the ability to know what to expect from the programs that are considered "family entertainment".
Pestboy,
You seem to listen to a lot of O&A's show for someone that hates them so much. You like comedy on HBO? Then you must have enjoyed Jim Nortons "One Night Stand" and must be anxiously awaiting his 1 hour comedy special this fall.
Canadian broadcasting seems to have no trouble with the F- and S-words going out on broadcast television. At least I haven't heard about the world coming to an end up there yet.
Does this mean the US will be able to watch the Trailer Park Boys on the television?
StackPointer,
You really pinned me down with your ad hominem and strawman nonsense.
Not only do I not advocate myself as arbiter of what should be deemed decent on television, my point (which you shot right past) is that no one should be. If anything your post is self-defeating. If the public/market were to decide about profanity on television the majority would not care about hearing 'shit' or 'fuck' on primetime.
Your comparison of those 'dirty' words that you don't want your children to hear with hardcore pornography is ludicrous. Your kids can't usually walk down the street in the daytime or go to school and see a 38D chested porn actress blowing a well hung black man with a cialis-inspired erection. If you don't want them hearing 'naughty' words then lock them in a room in your house and never let them out. The matter is completely out of your hands as those words have become part of the popular culture. That's the reality of America. If you don't want your children using those words in their everyday parlance then instruct them not to do so. That's part of being a parent.
Yeah, because if a child were to hear the word "fuck" it would do real damage to him/her...
What line of reasoning is that? I despise these soccer moms that seek to sacrfice the sacred right of free speech for the sake of their "children".
I say fuck the children. Literally.
Westfall