The Daily Stern

The Daily Stern

: BUST OPRAH: Want to have some fun? Go to the handy-dandy FCC-complaint page at the frightening Brent Bozell’s site and file a complaint against Oprah Winfrey for the indecent and patently offensive discussion of sex acts and excretory acts on her show Thursday — a discussion that was exactly like the discussion for which Howard Stern was also fined on Thursday. (Details below.)

Now, of course, I’m against fining Oprah just as I’m against fining Howard. But that’s just why we need to force the point: Force the FCC to consistently enforce its regulations and go after this self-righteous TV queen. And, for added bonus points of fun, use the tool of this particular nanny organization against itself, to demontrate the absurdity of all this.

The complaint page tells you the standards you must meet:

1. An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient (arousing lustful feelings) interest;

So make sure you say how Oprah show turned you on!

The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and

So quote from my post below.

The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.

Well, hell, it’s Oprah. Isn’t that obvious?

NO STRIPPERS AT THIS PARTY: The National Association of Broadcasters has called a “Summit on Responsible Programming” in Washington on March 31.

They’re keeping the press out “in order to encourage open and candid dialogue.”

Oh, please, I do hope that there’s a broadcasting blogger there to report on that “dialogue.”

Now it’s a fine thing to talk about what is responsible programming.

But in this case, they’re not inviting anyone who’s actually going to have a controversial view of that — and I don’t mean just dirty words, I mean open and provocative programming of any kind.

The speakers include FCC Chair Michael Powell and frightening Commissioner Michael Copps; the even more frightening head of the so-called Parents Television Council, Brent Bozell; the director of communications of the Conference of Catholic Bishops, Francis Maniscalco. Shall we ask the monsignor about how explicit we’re now allowed to get in discussing the crimes of kiddie-diddling priests? OK, I confess, that’s a cheap shot. But who’s to say that a Catholic priest should be deciding what I should watch and what’s responsible? Who’s to say that Howard Stern should not also be there to defend the virtues of free speech?

Now, of course, it’s a fine thing if broadcasters get together to talk about what they think is responsible. I’m all for that. But this is not being done in further response to the fear of government censorship via huge government fines. Hell, the government is there. So if they are going to have an “open and candid dialogue,” invite Stern. Invite me. Invite Ernie Miller. [Thanks, Beat Royalty]

: AND IT SPREADS: St. Petersburg, FL proposes banning “vulgar” speech at outdoor concerts.

One legal scholar said the proposal won’t survive a constitutional challenge.

“They can’t make any restrictions based on the content of speech,” said Bruce Howie, legal chair of the Pinellas branch of the American Civil Liberties Union.

In response to a growing number of complaints, the city unveiled a proposal Thursday that would require promoters to pay a $10,000 bond for each performance held at a city park. If an artist uses profanity, a $500 fine would be deducted from the bond for each profane word.

If the violations exceed $10,000, the sound would be shut off and the promoter banned from holding another event for 18 months.

Give ’em an inch…

: FCC: FEDERAL COUNCIL OF CENSORS: Eric Boehlert at Salon writes that the FCC is taking on the role of government censor:

As for Stern, the commission’s decision to fine him for indecency will likely fuel speculation that the famous shock jock is being used by the FCC to make a larger point about indecency. Stern and his supporters can point to three facts in support of that case. First, the content of Stern’s show has not changed substantially over the last decade, during which time the commission never fined him. Yet suddenly, amid the controversy sparked by this year’s Super Bowl halftime show, he’s deemed to be indecent. Second, the fine the FCC levied yesterday was for a broadcast that aired nearly three years ago. If it was indecent in 2001, 2002 and 2003, then why did the FCC wait until 2004 to rule? And third, the raunchy material from Stern’s 2001 program that the FCC found to be out of bounds is almost mild compared to the other violations the FCC has been documenting.

It’s interesting to note that upon being named the FCC chairman by President Bush in 2001, Powell complained to reporters, “There’s a lot of garbage on television. There are a lot of things children shouldn’t see.” But he stressed, “I don’t know that I want the government as my nanny.”

What a difference three years make.

: PREVIOUS DAILY STERN POSTS: here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here.

21 responses to “The Daily Stern”

  1. Kat Avatar

    Yes, that was a cheap shot at Catholics seeing as you fail to mention that some 90% of the abuser priests are gays–if you want to blame anything don’t blame religion–blame sexual perversion. The problem is even worse in schools.
    Millions of children might be victims of sexual misconduct by teachers or other public school employees, according to a draft report commissioned by the U.S. Department of Education.
    Despite the lack of sufficient data, the scope of the problem appears to far exceed the priest-abuse scandal in the Roman Catholic Church, according to the report’s author, Charol Shakeshaft, professor of educational administration at Hofstra University in Hempstead, N.Y.
    The report, required by the federal No Child Left Behind Act, concludes the issue “is woefully understudied,” reports Education Week.
    Nearly 10 percent of students have been targeted with unwanted sexual attention by school employees, the best available data indicates, according to Shakeshaft.
    The mistreatment ranges from sexual comments to rape, says the report, titled “Educator Sexual Misconduct: A Synthesis of Existing Literature.”
    “So we think the Catholic Church has a problem?” Shakeshaft asked, according to Education Week.
    She notes the recently released study by the U.S. Conference of Catholic Bishops found 10,667 young people were sexually mistreated by priests from 1950 to 2002.
    She compares that with her extrapolation from a national survey for the American Association of University Women Educational Foundation in 2000, which would indicate roughly 290,000 students experienced some sort of physical sexual abuse by a public school employee from 1991 to 2000.
    That is a single decade, she points out, compared to the approximately five decades covered by the Catholic report.
    The figures suggest that “the physical sexual abuse of students in schools is likely more than 100 times the abuse by priests,” said Shakeshaft, according to the education magazine.

  2. Larry Avatar

    “OK, I confess, that’s a cheap shot.”
    My, my; I am impressed. Not at the cheap shot, but rather at your acknowledgement of same.

  3. John Avatar

    So long as we’re on the topic of controversial radio shock jocks and the Catholic Church, here, by way of the New York Radio Message Board, are Opie & Anthony discussing their removal by Infinity Broadcasting from WNEW radio in New York over their little “Sex With Sam III” stunt that resulted in two people having sex in St. Patrick’s Cathedral.
    While Mel Karmazan may be coming off as Mr. Loyalty in defending Howard Stern in the current FCC tiff, the suits at Infinity caved a lot faster when the firestorm broke around O&A, who were the highest rated show on the lowest-rated major NYC FM station at the time. Based on that it would appear that in the eyes of his bosses, Howard’s rights to free speech are based on his ratings and more specifically, how much money he can bring into the company versus how much Infinity and its parent Viacom would have to pay out in fines.

  4. Obviously Anonymous Avatar
    Obviously Anonymous

    Jeff,
    I can get you into this. Or anyone else who you want to go on your behalf. I won’t be here or I’d do it for you.

  5. susan Avatar

    However, the only place where we cannot say the words “f**k off” is on this weblog.

  6. KMK Avatar

    Really Susan. Do you read Jeff’s blog? If you did you would know he supervises his kids. He turns off Outcast when they curse. He likes Outcast. Likewise, I would assume he would supervise his blog as his kids read it. Do you let people swear in front of your children in your livingroom? Do you have kids? No? Do you swear in other peoples livingrooms on front of their kids? This isn’t the only blog you can’t say f off on and when was the last time you heard Stern say f – off? Here’s an idea get a blog call it f – off and have fun.

  7. sol Avatar

    KMK: lame, lame response. Considering the context of all this (i.e. the infinite ‘Stern Updates’) incredibly lame response.

  8. jon Avatar

    forgive them lord, they no not what they have done

  9. KMK Avatar

    These infantile attacks on Jeff are what’s lame. He’s equated his blog to his livingroom and while your in his livingroom please don’t curse in front of his kids.

  10. sol Avatar

    “These infantile attacks on Jeff are what’s lame. He’s equated his blog to his livingroom and while your in his livingroom please don’t curse in front of his kids.”
    Have you ever listened to Howard Stern? Like when he has Benji, his silent fat writer, stick his toe in the vagina of a girl – in front of the entire cast – who gets to plug her website on air as a payoff for the ordeal?
    That is really arguably not even the most juvenile/disgusting/ choose-your-own-word thing that goes on any given morning.
    Now, I suppose Jeff is worried that his children will read his blog when he’s not there as well as when he is, so he wants to, as you say, keep it clean. Well, the public airwaves similarly are ‘there’ for anybody’s children to listen to when the parents aren’t there.
    Is there something that is complicating this for some of you?

  11. Joe Peden Avatar
    Joe Peden

    Kids are going to hear everything, and see everything. This is a problem. What we have to do is to use our imiprimatur at all times, that is, to just notice it in our kids, and then to instruct them as best we can. On the other hand, Kerry and his Islamofascists need to be killed. This is not a big distinction. I’m beginning to wonder. How about you?

  12. KMK Avatar

    The airwaves are public. This domain is not. Jeff pays the rent.
    It’s not as complicated as you make it out to be unless your being dense.
    I could curse you out on the street and be protected by the first amendment. I could not however, walk into your home and curse you. Did you know that?

  13. sol Avatar

    KMK: you are obviously as confused as Jeff about all this. The public airwaves are limited and come into our homes through radio and telelvision. You don’t go to a street corner to hear the radio or see a television program.
    Obviously this current issue is the unintended self-inflicted irony you and Jeff engage in with this argument about Jeff feeling righteous about policing filth from his weblog but seeing no need for similar standards for the public airwaves. The larger confusion is the assumption that Stern is being penalized because he’s saying mean things about Bush. Actually, I said you’re confused, but obviously you are both confused and easily duped. You’re also not a little dumb.

  14. Jeff Jarvis Avatar

    Sol:
    Can it.
    You are rude and infantile and I’ll leave that comment up to demonstrate the fact.
    We can only hope that you’ll reread it and be embarrassed. But guess what: I can kill it and you can’t. There it stands, a memorial to your civility.

  15. sol Avatar

    Just leave your own comment up, Jeff. It’s the one that speaks volumes.

  16. Jeff Jarvis Avatar

    Sol: I didn’t call anyone “dumb.” I restrained myself from exercising that opportunity. Be civil to the guests here or leave. I have tolerated your attitude toward people but you’ve just emptied the toleration bank. Please discuss and argue issue. Don’t insult people. There is no reason for that and I won’t tolerate it from you anymore.

  17. KMK Avatar

    Sorry Jeff, I can’t.
    Sol – You don’t like Stern. Fine, I respect that. Your entitled to your opinion and I’ll defend your right to speak your opinion. Jeff is entitled to speak his. He started a personal weblog. He pays for it it’s not public. He doesn’t want you to curse on his site he’s equated it with his livingroom. I couldn’t curse in your livingroom and be protected by the first amendment. Follow me?
    Stern is on our public airwaves. He is also protected by the first amendment. He’s won many cases against him. The only thing Stern has to worry about is staying within the guidelines of the FCC. Still with me? So why is alright for Oprah to describe tossin your salad and not OK for Stern to discuss a “David Copperfield.” Why is it alright for Nicloe Ritchie to say Fing and S*** on FOX and not for Bono to say just fing on CBS? The line on indecency moves according to the complaints filed to the FCC. So the bigger question goes out to the public why is OK for some but not others? Since your part of the public, got an answer?

  18. sol Avatar

    Jeff, you need an intervention. Just one of your readers won’t be able to pull that off. I leave you to the collective care of the rest of your readership, or not. The ball’s in their court now…

  19. Angus Jung Avatar
    Angus Jung

    He’ll be missed.

  20. susan Avatar

    Perhaps we should include in the First Amendment debate the concept of responsibly versus irresponsibly.
    What has occurred to me in this debate is that while we are fighting for Stern’s right to free speech we are ultimately fighting for his right to exploit speech in the name of profit by hiding behind the stance of right to free speech.
    Why must I be responsible for Stern’s lack of responsibility towards our First Amendment rights? Stern is allowed to exploit our First Amendment rights all for profit on the public airwaves yet, I am not allowed to voice my First Amendment right that he is abusing our right to free speech.
    One argument says to simply turn off his station, yet when I do, I am confronted with numerous’Stern-like’ platforms. People mimic the successful. Since Stern’s shock-jock approach attracts listeners and increases profits, others follow suit. Today’s entertainment is not a matter of creativity, it is a matter of what works to get our attention and our money. By arguing for others to ‘simply change the station’ we are rewarding irresponsible behavior.
    It is easy to say I will not have this in my home while promoting the idea that others are free to act irresponsibly in public. This argument, however, leaves me with no choice but to live my life locked away in my home with nothing of value to read, hear, or watch. I do not experience very much freedom with this argument. Why should I have to suffer from the consequences of another’s irresponsible behavior?
    The difference between Stern’s and Oprah’s use of language is that Stern has built his audience through exploitation and ridicule
    while Oprah has built her audience through education and information.
    One is conducting irresponsible behavior with our right to free speech while the other is conducting responsible behavior with our right to free speech.
    If one chooses to act irresponsibly then one must own up to the consequences. Stern is basically saying that he does not have to be responsible for his actions, as he has his right to free speech.
    One cannot abuse constitutional rights as a means through which one can act irresponsibly.
    For example, it would be irresponsible for me to use the F*** word on Jeff’s weblog because he does not want this type of language used. If I use this language irresponsibly and irrespective of Jeff’s rights then I must suffer the consequences of his right to ban me from using this form of language.
    This is Jeff’s right and I respect him for it.
    Why can’t Stern show the same respect towards the rights of the public. Perhaps Stern might want to take a lesson from the readers of Jeff’s weblog regarding responsible versus irresponsible behavior.
    The FCC, which represents the public, is basically operating like Jeff does when it comes to defining what is responsible use of language and what is irresponsible use of language.
    Perhaps the FFC is looking at the actions displayed on Jeff’s weblog for answers to this complex First Amendment debate.
    Regarding Eric Boehlert’s article, I think public pressure and not government pressure is what has caused this debate. The minority of the irresponsible are hearing from the majority of the responsible. We have, after all, transform into a country where the rights of the majority has been squelched for many years by the rights of the minority. Responsible parents, for example, have been complaining for years about the barrage of exploitation upon their children coming from the public airwaves yet their voices were sweep under the rug and ignored all for the sake of a few irresponsible money grubbing producers and ‘shock-jock’ entertainers.
    Three years does indeed make a difference.
    The concept of respect for one another may be making a comeback after all.

  21. KMK Avatar

    Susan,
    Acting responsibly versus irresponsibly has nothing to do with the first amendment. Unless you talking about screaming fire in a crowded theater. The difference between Oprah and Stern in this specific example is the packaging. The act they described is the same. You say it’s OK for Oprah but not Stern yet it’s the same topic. You give more credibility to Oprah then you do Stern. They aren’t under the same public microscope. They aren’t held to the same set of guidelines. You have people who listen to Stern with the intention of catching him crossing the line. They want to silence him. Oprah doesn’t have to worry about it. She’s got you in a place where she can describe the same act as Stern and your not going to say anything about it because it was presented under the guise of being scientific. That’s amazing. You say Stern is irresponsible with his speech but in three years of tapes reviewed by the FCC they only came up with one violation. The FCC is supposed to represent the entire public not just the people who hate Stern. As far as the FCC and Jeff’s site I have already pointed out that one represents the public airwaves and this site is privately owned. I am intrigued that you continuously type in F*** and argue against irresponsible speech. You obviously don’t have a problem subjecting Jeff’s children to it. Why?
    Regarding Boehlert’s article I disagree. Public pressure from the minority has captured the media headlines. To date there have been more FCC complaints regarding the Do Not Call list then Stern, Jackson and Bono combined. The class action law suit that was filed by Terri Carlin on behalf of the entire superbowl viewing audience (8 million people) was dropped within a week of filing. I felt so strongly against that suit that I sent a letter asking them to make it 7,999,999 as she did not represent me at all.
    I would also say that anyone using the “marketing to our children” argument go look in your child’s or grandchild’s toy box. Is there a spongebob, a dora, a disney anything, a barbie, blues clues, yugi oh, pokemon, gameboy, xbox, etc. We are marketed to. You pay for your children’s toys so who exactly is responsible for the marketing tools that media uses? The different media’s get you to buy these things and you do. Responsibility starts at home. Market reaction also starts at home. You don’t like Stern and I’m not a fan of Oprah’s and neither one of us has the right to dictate to each other what is viewable and what is not. If you think Oprah doesn’t market to you you are mistaken. O magazine, her book of the month club and Dr. Phil are just a few. I really appreciate you responding to me – I just don’t agree. And if they come for Oprah I’ll be standing right next to you fighting for her right to free speech. Until then it is up to us to uphold freedom of speech — even if it means defending Stern.