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First They Came For Howard Stern...
April 26, 2004
by Mike LaSalle

Pop diva Alanis
Morissette shows the world what she thinks of the FCC's new
'indecency' rules. |
"First they came for the Jews. I was silent. I was not a Jew.
Then they came for the Communists. I was silent. I was not a Communist.
Then they came for the trade unionists. I was silent. I was not a trade
unionist. Then they came for me. There was no one left to speak for me."
- Martin Niemöller
On
March 11th of this year, about six weeks after Janet Jackson's famed
Super Bowl "wardrobe malfunction", the U.S. House of Representatives
passed The
Broadcast Decency Enforcement Act of 2004 (HR 3717) by an overwhelming
bipartisan margin of 391 to 22.
If the bill is passed by the Senate and is signed into law by the President,
The Federal Communications Commission will be empowered to impose fines
on broadcasters of up to $500,000 per incident - up from today's limit
of $27,000.
Radio's "King of Gross," Howard Stern, has aleady felt the
brunt of the FCC's new war on broadcast 'indecency' - his syndicator
Clear Channel was just fined nearly $500,000 on account of Stern's ribald
antics. According to reports,
another of Stern's syndicators - Infinity Broadcasting - is likely to
be fined in the neighborhood of $1.5 million in the coming days.
Conservative talk show host and columnist Neal Boortz takes a libertarian
approach and flatly challenges the notion that the "airwaves"
should be controlled by the government.
"Howard Stern has been doing what he has been doing, vulgar as
it can be, for 20 years," Boortz wrote in a recent
column. "I’ve searched to the ends of the Internet and
as many of Nebraska’s best weekly’s as I could, and I have
yet to turn up one story about one single human being anywhere in this
vast country of ours who was in any way harmed by anything they heard
from a radio dialed to Stern. Not once have I heard even whispers of
a situation where a Howard Stern broadcast violated any individual’s
right to life, liberty or property."
Are these government sanctions really necessary to protect the public's
collective sensibilities, or is the FCC merely catering to the whims
of well-organized special interest groups?
According FCC statistics cited by The
Journal News, of the 240,342 complaints received by the FCC
in 2003, 239,837 were aimed at nine specific shows.
Web-based organizations like the Parents
Television Council are openly taking credit for compelling the FCC
to take action
against broadcast indecency:
Long before the disgraceful Super Bowl halftime show, the Parents
Television Council set out on a mission to force the Federal Communications
Commission (FCC) to do its job and enforce broadcast decency laws.
At every turn we were rebuffed by an arrogant and unresponsive majority
at the FCC. But every day we doubled our resolve to force this issue
onto a national stage.
Now, because of your tireless efforts to retake your airwaves
- to file indecency complaints with the FCC, to contact your members
of Congress and express your frustration, and to hold broadcasters
and advertisers responsible for the material they air and sponsor
- broadcast decency is a priority on Capitol Hill and, yes, it is
FINALLY a priority in the halls of the FCC.
But as Howard Stern has pointed out, the FCC's definition of 'broadcast
decency' is nothing if not a moving target.
Case in point: Howard Stern produced a transcript
from a recently broadcast episode of "The Oprah Winfrey Show"
in which an Oprah guest discussed a particularly tasteless sex act
on air.
Stern compared the Oprah Show transcript to a transcript from 'The
Howard Stern Show' which was cited by the FCC for indecency.
"Now what's the likelihood that the FCC will be fining Oprah
Winfrey for indecency?" Stern's website said. "You can't
even make the argument that the Oprah show was doing an education
segment. It was clearly played for laughs and shock. Something that
apparently is off limits to Howard but perfectly acceptable for the
Oprah Winfrey Show."
Stern's point seems to be that 'indecency' may be defined by the
number of complaints generated by the targeted e-mail campaigns of
moral advocacy groups. He may very well be right.
HOISTED ON THEIR OWN PETARD?
And here's the rub: Despite the fact that the Broadcast Decency
Enforcement Act was clearly passed by overwhelming majorities
of both Republicans and Democrats, Stern seems to be holding Republicans
specifically responsible for the actions of the FCC (notwithstanding
the fact a Democrat - FCC Commissioner Michael Copp - has taken a
lead role in pushing through the new rules).
In short, Stern has taken his lumps
from groups like the Parents Television Council and turned it into
a broad-based
campaign squarely set against the Bush administration.
And with some 8-million regular listeners, Stern may indeed have
his turn on impacting the upcoming election.
"Stern can use (his radio show and website) as a way to energize
his fan base and turn them into activists," said
Tom Taylor, editor of Inside Radio. "It's almost as if the
FCC crackdown has radicalized Stern in the old '60s political sense."
Michael Harrison of Talkers Magazine agrees.
"Howard Stern thinks he's a victim of Bush trying to shut him
down, and I don't believe it's specifically about Stern. But I do
think he's a victim of the atmosphere generated by the Bush administration
and the far right."
If the election in November turns out to be close, it's conceivable
President Bush could lose by a margin equal to the number of votes
Stern can marshal against him.
Conservatives would do well to pick their battles. No Conservative
in his right mind wants to see Hanoi
John Kerry waltz into the White House because an activist fraction
of the Republican coalition chose to join a pissing contest with the
likes of Howard Stern.
Mike LaSalle
Mike LaSalle is the editor and publisher of MensNewsDaily.com.
Alanis Morissette image courtesy of JUNO.
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