Abstract

Can The FCC Shut Howard Up?

The author comments on censorship by the U.S. Federal Communications Commission. Let us recite the litany of America's new official religion: "This mad race to the bottom," in the pronouncement of one member of the Federal Communications Commission, began when Bono said "fucking brilliant" at the Golden Globes and when Janet Jackson's silver-studded globe invaded the family fun of the Super Bowl. Which begat politically panicked FCC chairman Michael Powell--Mr. Media Deregulation--suddenly embracing government regulation of content (read: censorship). Which begat a Congressional orgy of legislation to multiply broadcast indecency fines--from $27,500 to $275,000, then $500,000, then $3 million. Which begat Clear Channel's dropping Howard Stern from six stations. Which begat the FCC's fining Stern for the first time in six years. Which begat an NPR station's firing benign commentator Sandra Tsing Loh over an accidental F-word. Which begets well-chilled programmers' issuing dictums filled with newly forbidden words and slapping delays on shows of all sorts, taking the live out of life, the reality out of TV. The FCC has enforced these rules unevenly, proposing $4.5 million in fines since 1990, $2.5 million of that against Stern. And there's the real question: If the government is going to regulate speech, where's the line and who's going to draw it? Is it at the least-common-denominator that makes all media safe for 5-year-olds? Is it at the church door that makes all media safe for church ladies? Is it at my car door so I can still listen to Stern? Is the line going to be drawn just on broadcast or will it extend to cable and satellite--and the Internet? Will the censored be just shock jocks--or newsmakers or bloggers?