In the aftermath of a ruling against the FCC, the FCC chairman tells us what really scares the hell out of him:
In a major victory for TV networks, a U.S. appeals court on Monday overruled federal regulators who decided that expletives uttered on broadcast television violated decency standards.
The U.S. Court of Appeals for the Second Circuit in New York, in a divided decision, said that the U.S. Federal Communications Commission was “arbitrary and capricious” in setting a new standard for defining indecency.
The court sent the matter back to the commission for further proceedings to clarify its indecency policy. The FCC, which said it was still studying the opinion, could decide to ask the U.S. Supreme Court to reverse the appeals court.
The FCC ruled in March 2006 ruling that News Corp.’s Fox television network had violated decency rules when singer Cher blurted “fuck” during the 2002 Billboard Music Awards broadcast and actress Nicole Richie used a variation of that word and “shit” during the 2003 awards.
No fines were imposed but Fox had challenged the decision to the appeals court, arguing that the government’s decency standard was unclear, violated free speech protections and that the rulings had contradicted findings in past cases.
Republican FCC Chairman Kevin Martin angrily retorted that he found 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.”
“If we can’t restrict the use (of the two obscenities) during prime time, Hollywood will be able to say anything they want, whenever they want,” Martin said in a statement.
Notwithstanding the fact that the networks were not intentionally broadcasting obscenities, so what if they were? Mr. Martin and everyone else is, to my knowledge, free to turn their tv off or change channels. And should the presence of four letter words become so prevalent, it would be foolish to think that new channels that cater to those with virgin ears would not pop up. They could call them “Family Friendly” channels.
Look at that- the market might take care of things. Republicans did used to believe in that, didn’t they?
Bombadil
And let’s not forget those elitists in Major League Baseball! Why, just the other day, after a high-and-tight fastball dinged off his helmet, Kevin Youkilis could clearly be seen to shout, “What the fuck was that?” at the pitcher. True, there was no audio with it, but anyone with a rudimentary ability to read lips could see what he said, if not the first time, then in the several replays (some in slo-mo) that followed. Why should our children be subjected to such filth in prime time? Fine the athletes! And make sure they get fined every time they scratch themselves in some inappropriate way!
Edmund Dantes
No Republicans didn’t believe in Free Markets, but they know it makes for a great soundbite. There are individuals that have, but the reality of the Republican party policy has never been about Free Markets, but about markets that work to the advantage of buisnesses against consumers.
Just look at where they’ve come down on things like the fight between Monsanto and (I believe) Oakhurst Dairy in ME (or one of the ME dairies) on Bovine growth hormone free labels, and the latest one with the meatpacker that wanted to test for mad cow disease.
demimondian
What an offensive title! He’s no more a nanny-statist than the Bush administration is conservative.
I’m an unrepentant nanny-statist. We believe in protecting the opportunities of all people to behave as they like (within reason), by assuring that the essentials of life are provided. These days, those necessities include things which were not necessary fifty years ago — the absence of health insurance, for instance, denies children an equal chance to compete.
He’s an authoritarian abusing the need to care for children in order to control the lives of adults. Please don’t continue the abuse of the term.
Pb
Ok… off-topic, but these letters are hilarious…
Dreggas
Wow, Either I was channelling John, or John was channelling me this morning since That was the line I picked up on. Of course my title for the post would have been:
“Court to FCC: Go #@!$ yourself!”
I wouldn’t call it nanny statism John, it’s more of the thought police which the FCC has become under Bush, just look at the Bono incident and Michael Powell. This is much more akin to book burnings. It even approaches Talibanesque practices (if you missed the Nat’l Geographic special on the Taliban last night I highly recommend it).
jg
I’m also an amateur lip reader and I’m fairly certain he said, ‘What the fuck was that shit?’. :)
Is this the same issue Drum posted about? He had a cool quote from a judge pointing out that these words aren’t always used to convey sexual innuendo or excrement, just ask Cheney.
Joshua
demimondian: Sorry, you’re not a nanny statist, you’re a socialist. Or at the very least a liberal. Not the same thing.
grumpy realist
“Nanny-statist” conjures up the image of someone who not only thinks the gummint has the right to set regulations on how many vegetables the average American must eat a day, but that such micro-regulation of individual lives is a Good Thing.
Not much difference between them and the theocrats; the only difference is which authority they claim to be acting in the name of.
jg
Did they? Lately I’ve had trouble distinguishing between issues the republicans actually care about and those they identify with in order to get voted into office.
Lee
QFT
I’m going to start pointing this out to my Republican friends.
Bombadil
Thanks, jg — you’re right!
The Other Steve
Hat tip to /. on this one, but I thought it was funny enough to pass around
RareSanity
Nicole Richie is an actress?
Who wudda thunk it…I thought she was a train wreck, turn out she’s only “acting” like a train wreck.
tBone
This is a disturbing development. Why are we fighting for freedom in the Middle East? It’s not so that deviants back here can say naughty words or expose their ornamented nipples on television, I’ll tell you that.
Before anyone is allowed to appear on TV, they should be forced to wear a burka and have their mouth taped shut. It’s the only way to ensure our freedom as a nation.
Bombadil
It’s as good a reason to fight over there than any the Bush administration has come up with.
Bombadil
Oh, dear, I hope my old English teacher doesn’t read that.
Make that, “It’s as good a reason to fight over there
thanas any the Bush administration has come up with.”Unless you are the Bush administration, in which case it would be, “It’s a gooder reason to fight over there than any the Bush administration has come up with.”
mrmobi
John, all that bullshit about letting the “market” take care of things is just a faux-conservative smokescreen for the benefit of actual conservatives (all 300 of them). Modern-day Republican leadership are still reeling that their permanent majority/1000-year Reich has eluded them and appears to be unlikely to return for a long time.
As far as I can tell, the people who run the Republican Party have no beliefs short of a general willingness to do whatever the fuck is necessary to retain power. Torture, lawlessness, greed and disdain for democracy are the hallmarks of your party now, John. All they’ve got is terror, and they’re holding onto it like a drowning man.
Expect a lot more “plots” to be discovered between now and the next election. Our very system of government may be threatened, don’t ya know? Given that system of government, this makes the upcoming (none too fucking soon, btw) transfer of power to the new Democratic President somewhat problematical.
What if there is some “emergency” involving a “terrorist” plot? Ought we not suspend this transfer of power during such a dangerous time? Do you think that plans don’t already exist for such a contingency? I do.
Pre 9/11, I never would have suggested such a thing was remotely possible, but no more.
I suggest three things. 1. Impeach 2. Convict 3. Imprison.
Welcome to your new office, President Pelosi.
ThymeZone
That was before bigotry, gay bashing, prayer in schools, jingoism, support for torture and xenophobia became the driving issues of the their party.
If the market decides, then after 60 years of essentially the same immigration situation, which has been totally driven by market considerations, you’d think they’d realize that it is basically okay and stop fulminating about it.
But they don’t get that, so they won’t.
Bubblegum Tate
Pretty much. Some Republicans really are free marketeers–Ron Paul, for example. But free marketeerism and social conservatism can’t really coexist because free markets mean accepting things that make social cons get the vapors (you know, naughty language, sex, gay people, etc.). Presently, the GOP is all about social cons, so free markets are just something to which they pay lip service.
ThymeZone
Exactly. Markets have now joined Mom and Baseball and Apple Pie as meaningless icons to the GOP.
This list now also includes Faith, Freedom, Waronterra, Rightalife, and Defensamarriage.
RandyH
It’s kind of embarrassing that we’re the only country (that I know of) who restricts language on television at all. And we’re so proud of our freedom of speech. I live in northern Minnesota where we also get Canadian TV and they don’t restrict language like “Fuck” or Shit,” etc. The British and other European countries don’t either.
I really don’t think that children’s programming is going to start teaching foul language if these stupid regulations are thrown out though. (Imagine Dora the Explorer teaching kids to say Fuck in English and Spanish.) No, the kids learn all of the colorful language at home from mommy and daddy.
Doubting Thomas
That was the old, stale Republican party that lost elections. The vastly new, improved Republican party knows what is best for you and your family because now they’re
whinerswinners! Resistance is futile, John! ..Rome Again
Careful there TZ, I see three new entries about to appear for you on Wordlustitude at the Wordlust blog.
;)
ThymeZone
At last, the fame I seek!
Mwuahahahahaha.
Pooh
Why does George Bush’s FCC appointee hate America?
Jake
Shorter Martin: Words scare me!
Ooooh help. “The Hollywood Hive Mind SINdicate” will be able to SAY things and. And. And people might hear them and … Well. It would be really bad. Trust me on this. I gotta go change my pants.
TeeVee now has a ratings system in addition to warnings before and during broadcasts of a particular show. Why not put a little ratings icon at the bottom the screen so when mommy and daddy turn on the TV they can see little Johnny shouldn’t watch that particular show?
I don’t call this nanny statism. That smacks of the state stepping in when people don’t want it to. I see the FCC as a manifestation of foster statism. The government comes in and performs functions normally left to the individual at that individuals request. Controlling what children see and hear used to be something parents did. Now some people want the state to take over. I guess restricting access to the tube is too hard.
Dreggas
Oh there are countries that do. See Afghanistan under the Taliban (The Nat’l geo special last night was really good). See also most theocracies and dictatorships with theocratical influences.
Only difference here is the networks get fined, there people die. Though given the old testament bent of the christianists they’d probably love to hang some people.
Rome Again
When will a vast majority of people finally figure out things are completely upside down and backwards from what we were all taught as children?
The freedom to say swear words is not the end all of goodness, it is goodness itself. Pushing sanctimonious expectations onto your neighbors is NOT goodness, it is WRONG and anyone who tells you different is a victim of the satanic takeover of the world expected to proselytize and hunt down new membership into “the way”. They can take their sanctimonious bullshit and SHOVE IT!
Orwellian world, indeed!
yet another jeff
When oh when will the Iron Fist of Freedom(TM) crush us for our immoral ways?
Rome Again
I should clarify something in that last statement I made. It is my firm belief that all we’re taught about goodness in the world is wrong and backwards. It goes along with the “you must admit you’re a sinner and be saved by Jesus” wrongness. Personally, I think it’s a vehicle to get us to the point of admitting sinfulness.
The very idea of sin is a state of mind, and a dirty one at that.
Jake
We must flash them over there or we’ll be flashing them over here.
tBone
According to the latest reports, Hans Blix will be conducting a hands-on investigation of the region to uncover the hidden NMDs. Joseph Wilson was slated to go but his wife unrecommended him.
josephdietrich
Yeah, right. That would be getting us too close to “Congress shall make no law … abridging the freedom of speech.” And we can’t have that now, can we?