The Daily Stern

The Daily Stern

: I just called into the Stern show and told Howard about my little investigation of the FCC and its $1.2 million fine against Fox below (and talked too fast and plugged the blog twice).

Howard said the one thing he really wanted to get out of Michael Powell when he called him on Ronn Owens’ show was whether they really investigated Viacom and found a conspiracy with Janet Jackson to bare her boob, leading to their $500k fine. I said that I’d blogged that reporters should look into that. And then I said I’d make that my next FOIA request to the FCC, demanding to see any notes relating to Viacom’s direct responsibility for Jackson’s titanian tit. He told me to call back when I got it.

For any Stern fans coming here, I’m one, too (to the consternation of some folks around here — f’ ’em). Here are some of the posts I’ve written about free speech and Stern and here‘s a cover story I wrote in The Nation about it all.

25 responses to “The Daily Stern”

  1. ednycinc Avatar

    mr. jarvis,
    I heard you this morning on the stern show and thought it was great to hear your support for hs and first amendment rights. give mp at the fcc hell for his hypocricy censorship policy. the fcc fines are a saddistic form of crony censorship. love your blog sight i will include in my links….

  2. Angelos Avatar

    Stern fans or not, people should realize that the FCC needs to be fought. People lately seem WAY too accepting of government interference. Instead, we need to keep government on its toes 24-7.
    They work for us, or at least they should.

  3. Hubris Avatar

    Jeff,
    I’m a big fan of your blog, and I’ve read many of your posts on this subject.
    Not that you should give a sh-t what I think, but I believe that your argument would gain more traction if you framed it more as a need to eliminate the traditional role of the FCC in regulating content.
    Sure, there have been some huge fines lately and the fairness of the application of “standards” is very questionable. Still, people relate to what they have grown up with and what they see with their own eyes. I think most people would say that network content generally consists of more sex/violence/blue language than was the case in the past.
    So, just a suggestion: Explicitly argue how this has never been a proper use of government regulation, instead of focusing on the relatively recent “crackdown.” I know you have stated that you oppose all regulation of content, but this is usually presented as a sidebar item or in response to a question. It gets lost in the details of the nature of the implementation of the regulation. The idea that content should be regulation-free is actually the main argument that you need to win in order to sway folks.
    As an aside, I think you could write a very interesting short history of broadcast media and attendant government regulation. I’d read it.

  4. Easycure Avatar

    You really are a Stern fan, aren’t you? Your next assignment: Call into Larry King, get on the air and say “Howard Stern Is The Man!”.
    Seriously, this is the most important issue you blog about….and the single biggest weakness of the current Administration.

  5. Michael Avatar

    The single biggest weakness of the Administration is their FCC/Stern policy? C’mon.

  6. James M. Ray Avatar

    Great job on Stern. It concerns me that those who don’t appreciate the First Amendment need to see Saving Private Ryan attacked, rather than understanding that whether or not you like Howard is IRRELEVANT to conversations about the FCC and (what’s left of) the First Amendment. Howard really took Michael Powell apart intellectually when he made that call, the idea that there’s no vendetta is laughable, and coming from Powell it can’t be ignorance, which leaves one choice — Michael Powell *LIED*. Period, end of story.
    JMR

  7. BCinOC Avatar

    I was just reading the insightful comments posted by Hubris. I agree with the author s thinking that this approach would be the most intelligent way to gain momentum in this movement and very likely be the catalyst for change. Very well put Sir.

  8. Old Grouch Avatar
    Old Grouch

    FCC-phobes may find this one alarming, too:

    FCC Says It Can Regulate Your PC

    [Link via Slashdot, more coverage at Ars Technica.]

  9. Koganuts Avatar

    Longtime reader… just wanted to say thanks for the FCC investigation and it was a pleasant surprise hearing you on Stern this morning. Keep up the great work! ^_^

  10. paul Avatar

    i missed the show, myself, but was able to read a recap here:
    http://marksfriggin.com/news.htm
    good stuff, jeff.

  11. Pat Avatar

    Hi Jeff:
    Wow! I didn’t know you had such a great site! I will be on here from now on!
    I’m so glad to know that you, too, are a Howard supporter. I have been listening to him for over 20 years and got my 3 kids into listening to him since they were 10, 11 & 12! I’m an “older” woman who is still in the workforce, but I’m proud to say that I get up extra early just tolisten to Howard.
    Keep up the good work, Jeff, and please call in to the show again soon.
    Best regards,
    Pat g.

  12. Pat Avatar

    Hi Jeff:
    Wow! I didn’t know you had such a great site! I will be on here from now on!
    I’m so glad to know that you, too, are a Howard supporter. I have been listening to him for over 20 years and got my 3 kids into listening to him since they were 10, 11 & 12! I’m an “older” woman who is still in the workforce, but I’m proud to say that I get up extra early just tolisten to Howard.
    Keep up the good work, Jeff, and please call in to the show again soon.
    Best regards,
    Pat g.

  13. tony Avatar

    i got three emails today saying, “did you hear jeff jarvis on howard stern this morning?!?!?”
    i cant wait to get the tape from my butler!

  14. Hubris Avatar

    BCinOC,
    Wow, thanks for the kind comment.
    Thank you, sir. :)

  15. Eileen Avatar

    “The idea that content should be regulation-free is actually the main argument that you need to win in order to sway folks.”
    Federal statutes REQUIRE the FCC to regulate certain types of content on the public airways. Please see:
    http://www.fcc.gov/eb/broadcast/obscind.html
    Consequently, legislative reform would be necessary in order to change or eliminate that content regulation (as defined by statutory and long-standing case law), and swaying folks one way or the other won’t amount to a hill of beans, Unless of course those folks happen to be legislators.
    On the other hand, the Manner in which the current commissioners are enforcing those regulations, or as you say, “the nature of the implementation of the regulation”, might well be impacted by public hue and cry (in addition to successful legal actions taken by those fined).

  16. Hubris Avatar

    and swaying folks one way or the other won’t amount to a hill of beans, Unless of course those folks happen to be legislators.
    That’s democracy, baby. If it needs to change, it needs to change.

  17. Hubris Avatar

    A fuller attempted explanation:
    I understand the role of the FCC, that’s what I’m trying to address. Everyone knows that the FCC is required to regulate broadcast content; what are the prospects of success in lawsuits given the amount of law backing them up? Also, how compelling is the argument vis-a-vis implementation? I know that my reactions to Jeff’s initial posts on the subject were “so what, the FCC has been doing this forever, I remember when butt cheeks on NYPD Blue were a big deal.”
    If you think this stuff is wrong, the only way to truly address it is to change the law, not to complain about which show gets fined how much, etc. If one buys into the “chill wind” argument, does it really matter what exact temperature the wind is?

  18. Mike NYC Avatar

    Whoa, Jeff! That’s great. Congrats!

  19. Eileen Avatar

    “If you think this stuff is wrong, the only way to truly address it is to change the law,”
    I couldn’t agree with you more, Hubris. However, a whole HELLUVA lot of laws would need to be changed in this case….everything from federal statutes which define obscene language as NOT being first amendment protected speech, to those which define the type of content to be regulated on the airways, to those which give the FCC its marching orders…..
    Anything’s possible. However, my basic point was that given the above Facts, perhaps the most expedient approach IS to bring pressure on the commissioners, complaining of arbitrary enforcement and the like.
    As to the likelihood of successful suits against the FCC, I’d give them slim to none, particularly given the host of federal statutes, case and administrative law the commissioners relied upon in their ‘enforcement’ of the law.

  20. Hubris Avatar

    Eileen,
    I think we agree on a lot, and you could be right as to efficacy issues. I could well be talking about tilting at windmills.

  21. Eileen Avatar

    Hubris, nah, you’re not tilting at all. In fact, in a fines appeal against the FCC I’d START with your basic argument that “… content should be regulation-free”, but instead I’d say THIS content should be regulation free. Then I’d try to distinguish it as specific conduct which never HAS been regulated before, was never INTENDED to be regulated in the first place pursuant to blah blah case, legislative history of blah blah statutes and etc. I’d continue with arbitrary, capricious and improper enforcement arguments….
    But in reality, good luck! in those appeals, Howard. I would imagine he’d have taken more formal action by now (beyond confronting MP on the radio) if his attorneys thought he had a snowflake’s chance…
    Yeah, we agree.

  22. Easycure Avatar

    The single biggest weakness of the Administration is their FCC/Stern policy? C’mon.
    Posted by Michael at November 16, 2004 10:27 AM
    As part of their attempted dilution of the 1st Amendment as a whole, yes, it is a decided weakness. It could have more far-reaching effects than the war or terrorism if left unchecked. What do we have to defend if we don’t have our most basic right, freedom of speech?

  23. Kevin Avatar

    I just found your blog and love it! I appreciate your loyalty to Stern and your sanity on free speech issues. Keep up the good fight! I bookmarked your blog and will continue to read it…thanks!

  24. Cleveland Todd Avatar
    Cleveland Todd

    I wish I had the time to investigate all the FCC crap–I don’t.
    As I’m pushing 50-(God that sucks)–I’ve seen the continual clamp down on free speech. The government ‘seems’ to be trying to regulate what I think is appropriate. Holy Crap–Saving Private Ryan has words I’ve never heard before—mommy what did he he say—If your child is under the age of 8, why is he/she watching to begin with???!?!?!?!
    Kids nowadays know each and every curse word known to man —PLUS everything I’ve never heard of
    THIS IS WW2 for Christ sakes–this is how ‘normal’ people talk– not the bible thumpers who castigate everything that doesn’t fit into their little myopic box. Golly Gosh Gee Whiz look a German——
    PLEASE PROTECT ME FROM MYSELF– I don’t where the on/off/channel button is!!
    Bush may have won the election, that doesn’t mean that he won America. By that I mean, of all the registered voters, less than 45% voted (I may be wrong)
    STAND UP AND FIGHT this right wing religion-based
    dope–it’s time to get back OUR country

  25. Cleveland Todd Avatar
    Cleveland Todd

    I wish I had the time to investigate all the FCC crap–I don’t.
    As I’m pushing 50-(God that sucks)–I’ve seen the continual clamp down on free speech. The government ‘seems’ to be trying to regulate what I think is appropriate. Holy Crap–Saving Private Ryan has words I’ve never heard before—mommy what did he he say—If your child is under the age of 8, why is he/she watching to begin with???!?!?!?!
    Kids nowadays know each and every curse word known to man —PLUS everything I’ve never heard of
    THIS IS WW2 for Christ sakes–this is how ‘normal’ people talk– not the bible thumpers who castigate everything that doesn’t fit into their little myopic box. Golly Gosh Gee Whiz look a German——
    PLEASE PROTECT ME FROM MYSELF– I don’t where the on/off/channel button is!!
    Bush may have won the election, that doesn’t mean that he won America. By that I mean, of all the registered voters, less than 45% voted (I may be wrong)
    STAND UP AND FIGHT this right wing religion-based
    dope–it’s time to get back OUR country