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Free speech ain’t free anymore

25 comments on Free speech ain’t free anymore

Free speech ain’t free anymore

: When Viacom spinelessly settled with the FCC, they agreed to suspend personalities if the FCC filed a complaint against them. I knew this would cause storms in the company.

This morning, Howard Stern says that when they told him he could be suspended or fired if the FCC merely complained (without the slightest due process), he demanded to know what the rules are. “What’s the wrong thing?” he asked. “You know what the wrong thing is,” the executives said. The FCC, of course, has unconstitutionally vague rules they inconsistently enforce and so no one knows what wrong is. Only some biddy working for King Prig knows, apparently (see the link to the story about Brent Bozell below).

Stern demanded that they who hit the dump button also get suspended or fired. They won’t do that.

They told Stern that he should do a show with no mention of sex.

So he said then you’re telling me I should play German chamber music.

Well, then, the execs said, then you would not be performing your show the way it should be performed.

Well, said Howard, I can’t perform the show the way it should be performed because you and the FCC won’t let me.

Welcome to Orwell’s world, folks. This is what happens when speech is chilled: Everybody is afraid to say anything so they say nothing.

Tom the general manager comes in and they talk about a particular segment. Tom says it’s OK. But Howard says, if the FCC complains, will you suspend or fire me? Well, yes. So Tom said it was OK but if the FCC says it’s not OK, Howard takes the fall. “You didn’t hit the button and so why am I being suspended or fired?” Howard asks. “Can’t answer that,” says the boss. Right. “It’s not fair. It’s not honest. It’s wrong,” Howard says.

Yes, Orwell’s in charge now.

Fuck the FCC.

How long will it be before I’m fined for saying that?

: CNN’s report here.

: Stern says he doesn’t want to leave Viacom early. Viacom says, publicly, they don’t want him to go early. But if he is at risk, he’ll play music. Then Viacom will say that’s not his show. Then negotiations will begin. And now Sirius now says they’d take Stern early. Here, Viacom says they are “feverishly” looking for a replacement.

25 responses to “Free speech ain’t free anymore”

  1. SSG B Avatar
    SSG B

    “Fuck the FCC. How long will it be before I’m fined for saying that?”
    Uh, forever since you’re saying it on the internet and not on broadcast TV or radio?

  2. Ken Shane Avatar
    Ken Shane

    I’ve been a fan of Howard’s for many years, but whether one is a fan of his or not, it’s simply astounding how few people in broadcast media have come to his defense. How can people not see that they’re likely to be next once Howard’s gone.

  3. Karl Cremslinier Avatar
    Karl Cremslinier

    SSG, you miss the point. Eventually speech will not be free, as illustrated by the FCC / Howard story.
    First its Howard (Radio), then it just might be some show you like on TV, then the rest of “Media” (internet – sin bastion). FCC / PTC wants to go after cable TV as well. Sorry, I pay to have that smut delivered to my house, because I want it there, and smart enough to use my V-Chip / cable parental controls to keep my kids safe on my own.
    If we as a people of this country dont stand up SOON, we will be watching all kid friendly entertainment all the time, in a few short years.
    Just in case you don’t frequent Vegas, they tried family entertainment for a few years… didn’t work. Its all back to normal now.
    Sin City, where the only swingset includes a naked woman and the appropriate stripper music.
    Just the way the customer wants it.
    Im a huge Howard fan, but wont blame him for going to a music format to protect himself from these puritanical bastards.
    Karl

  4. Brian Baute Avatar
    Brian Baute

    “This is what happens when speech is chilled: Everybody is afraid to say anything so they say nothing.”
    “I pay to have that smut delivered to my house, because I want it there”
    What we need is something much more sophisticated than the V-Chip. We need highly granular configuration options (I want to allow TV14-level sex, but only TV-PG level violence, and only TV-G level language), and instead of just REMOVING the offending content, it needs to show acceptable content in its place where possible. So, for example, ABC would make 2 or 3 different versions of its MNF intro and the appropriate one would display based on your TV configuration (and you could set different profiles on your TV so you could have one set of configuration while the kids are around, for example, and a different configuration when it’s adults-only).
    It won’t work for everything (Stern would rather have all or nothing, methinks), but would work great for many things. So I could again freely watch football without subjecting my 4 year old son to Nicolette Sheridan, the Coors twins, or the Miller Lite catfight girls.
    Call it V-Chip on steroids. Call it dynamic TV.

  5. alcibiades Avatar
    alcibiades

    “Fuck the FCC. How long will it be before I’m fined for saying that?”
    What a drama queen you are turning into on your pet issue.

  6. Karl Cremslinier Avatar
    Karl Cremslinier

    Brian, I like your idea of the multicasting of MNF opens / content, but the technology is no where near that capable in live remote broadcasting yet. (I work on the NBA and NHL on ABC shows). At this point, we would need 3 seperate uplink trucks and 3 satelite transponders to accomplish it. ($$$,$$$) Plus a server / operator system to co-ordinate it, that does not exist.
    But, to be reasonable at this time, maybe they need the rating to be upped on such shows, so the V-Chip snubs it. As for the actual provocative content of football cheerleaders and sideline entertainment… I personally have no problem with it. It existed while I was growing up, and I turned out to be a fine church going, God fearing professional and responsible parent.
    Maybe when the sideline entertainment start going topless or showing penetration, then I might tell my kids to punch our censor button (ON/OFF switch). Otherwise, I think it is ok for my son to think a cheerleader is hot.
    Besides, the Dallas Cowboy cheerleaders were in fact created by a very prominent owner and church goer in Dallas. Nothing wrong with sexual thoughts. We all have them in one form or another.
    Lord knows how many times a night I put foul language on ABCs NBA broadcasts via courtside microphones and players shouting profanity. But im sure that soon ABC will be beeping the broadcasts to death in fear of some Puritanical TV Council members virgin ears catching fire from hearing such nonsense.
    Karl

  7. M Avatar
    M

    He’s not being a “drama queen”, as you so cutely put it. The FCC has already made it clear that they intend to regulate satellite and internet communications just like they do radio.
    Ridiculous? Yeah, well, who would have thought it would come to this point where you can’t play Saving Private Ryan on Veteran’s Day.

  8. Alex Avatar
    Alex

    Actually, it is completely unsurprising that there was controversy surrounding airing Saving Private Ryan unedited on broadcast television. The level of language and violence in it are completely beyond what we are used to seeing on network TV.
    Jeff is being a drama queen with his implication that we are close to allowing the FCC to punish him for daring to question them or using foul language on the internet.
    Howard has a great point, which is continually lost due to his own drama queen antics. How can you follow the rules when no one can tell you what they are? However, crying about the end of free speech causes people to take the issue less seriously or ignore it completely, because it simply isn’t true.

  9. Karl Avatar
    Karl

    I could take this more seriously if Jeff explored the issue of whether the Viacom settlement is a way for Viacom to dump Howard and help themselves vis a vis Howard’s move to Sirius. As Deep Throat (you know which one I mean) taught us, “Follow the money.”

  10. Stu Avatar
    Stu

    I listen to Howard every morning and it is almost creepy what is happening to him and his show. I thought after the Bono incident, the Janet Jackson incident, the Monday Night Football incident that this would become a real news issue. No one defends him. No one even reports on it. The government is threatening to take away his livelihood on a whim. No laws are being broken. No trial is being discussed. Its very Kafkaesque. He is in trouble and no one will tell him what he needs to do to prevent it. He has avoided it for many years, not actively opposing the FCC with a campaign and lawyers and rally’s but now I think its time he fought back by rallying his troops.

  11. Dishman Avatar
    Dishman

    I can see a problem for free speech. It’s saying “Don’t even push the line”.
    I don’t see a problem for Howard Stern, though. I think they’ve invited him to say (on air), “Fuck this shit. I’m outta here.”

  12. Karl Avatar
    Karl

    The problem for Stern is his contract. Follow the money. Glad to see Jeff updated the post, which seems to suggest (as I suspected — see above) that the FCC settlement was a tactic by Viacom to put Stern in a weaker negotiating position.

  13. jean Avatar
    jean

    I propose that, each time an incident such as Bono’s “fuck” or a Sternism or Janet’s boob or the Housewife’s towel-dropping occurs, those of us who don’t object write anti-complaint letters to the FCC, explaining to the Powers-That-Be that each of these anti-complaint letters should cancel out one complaint letter. (Be sure to sent the a-c/l to each of the commissioners; that’s what the religiosos, et al., do w/ their complaint letters, and each is counted!)
    heh… maybe if they get a big enough stack of complaint vs. anti-complaint letters, the laws of physics will cause the FCC to vanish in a huge blast of energy! (Disclaimer to Carnivore, spying FBIers, etc.: that was NOT an allusion to a letter bomb. duh)

  14. Del Avatar
    Del

    “Fuck the FCC. How long will it be before I’m fined for saying that?”
    Many people may not be aware that a law was before the Supreme Court months ago that would have made every website with ‘adult content’ verify every visitors age by some kind of system, like a credit card. And the law did include ‘language’, it wasn’t just about pictures or videos. It lost by one vote, 5 to 4, thanks to an unlikely vote by Clarence Thomas.
    So we’ve come close to something like this already happening, and in the near future, with new justices, I could see this law passing. A broad reading of it could make posting ‘Fuck the FCC’, without verifying for age, a crime.

  15. Kat Avatar
    Kat

    How can we even claim to have free speech when it’s illegal to call a Christmas tree a Christmas tree or the ACLU will fine you. Today a newspaper in Kansas inadvertently called it a Christmas tree and has been forced to apologize to any readers it offended. Now tell me why I should not be offended by Howard Stern’s trash talk but I should be offended by the word Christmas? And if I like the Passion, then I’m a frigging anti-semite. And if I don’t buy into two gay guys getting married, I’m a homophobe. Never mind the fact that it makes me puke to watch two men pawing each other, I’m not freee to be honest about it. Shove your politically correct speech up Howard Stern’s ass. Speech is only free if you happen to agree with it–otherwise it’s mudslinging or some other drama queen term.

  16. gringoman Avatar
    gringoman

    Kat: Riiiiiiiiioight on!….By the way, how many fans does Howard Stern have if you subtract the adolescents?

  17. Jeff Jarvis Avatar
    Jeff Jarvis

    Scott: Yes, I killed your comment. I used the F word for purpose below; you used various words for he hell of it. And as I have said often, I limit their use because I don’t want to be blocked. I’ll write what I want to write when I want to write it; it’s a blog. You write what you want on yours and I won’t bug you about it. The reason I write a blog is because I don’t have to worry about an assignment editor and I’m sure as hell on signing on with you as mine. So behave.

  18. John Avatar
    John

    A subtext here is the incredulity that broadcast media have not come to Howard’s defense. This may be a generational thing or a cultural thing, but very few mature people think that Howard is entertaining. He is a whiner and a potty mouth and he humiliates human beings on radio and on TV for sport. Why is it a surprise that others in the media who have none of these terrible characteristics don’t wish to support him?
    I truly do understand the concept of “Let’s stand by the worst of us, because otherwise we may be next,” but most broadcasters who do not engage in Howard’s excesses really don’t think they’re next.

  19. tony Avatar
    tony

    Stu makes some painfully good points. Nobody is defending Howard. And maybe it’s because hes got a multi million dollar job waiting for him the minute he is available to them. Or maybe, more likely people seriously dont believe that it could get any worse.
    i have a blog that i write 2-3 times a day and i dont cover howard’s current situation even though i listen to his radio show religiously and season pass (tivo) his tv show. why dont i say anything for his defense? cuz what difference would it make? this administration went to friggin war for no valid reason, the certainly are going to do whatever they please with dumbass radio.
    and you know what, good. let them. let them paint themselves into a corner with their fines aimed at stern. and once he is safely up on sirius, then the time will come to use those restrictive and crippling precidents against all the godawful terrestrial personalities who truly are offensive.
    the way things are going there will be a day when if a radio commentator after hearing about the iraqi prison torture scandal says, “they were just blowing off a little steam,” will be suspended and fined millions.
    ridiculous? perhaps. but John’s comments are also riduculous, because although he might “humiliate” people, that is not illegal or else other top shows like Fear Factor, The Swan, The Apprentice, Survivor, and presidential campaigns would also be sweating bullets right now.
    he might have a potty mouth if you think the word penis is a potty-mouth word. howard is not currently, nor has he ever been fined for saying one of the seven dirty words. people who usually call him potty mouth are usually outting themselves as being totally ignorant about his show. and whatever language you want to stereotype his as being, it is also not illegal.
    and that is why fellow broadcasters and journalists should be backing stern, not because of the subject matter that he choses to discuss on his top-rated radio show, but because the fcc is overstepping their bounds by censoring and harrassing someone who they simply dont like.
    thats f’ed up.

  20. Eileen Avatar
    Eileen

    Kat,
    Way behind you. Riiiiiiight on. What is this Christmas bit? It IS truly getting ‘scary’ re the ACLU’s, and other governmental actions in this regard.
    Why is there no free speech/content furor in the media about This issue, right here, right now? It’s happening all over the country, right here, right Now. One can’t say Christmas tree, or sing a Christmas carol in Denver’s city parade?? If Hindus wanted to sing their songs in a ‘holiday parade’ would they be denied? Should Anyone be denied from expressing their religious freedoms? Free speech problems? As I said before, free speech for who about what?
    May I ask a simple question? Does media/MSM, as a whole, believe there IS no Divine?
    Yep. Therein lies all the problems.

  21. Scott Chaffin Avatar
    Scott Chaffin

    That’s fine. You used it in your post for effect, and I used it in the same manner in my comment on the post. You know I don’t randomly cuss here for the reason you ascribe. I wanted to make it obvious that it’s not a conversation on this matter. It’s a sermon.

  22. Rachel Avatar
    Rachel

    To me, the problem is a mix between business
    (Viacom vs. Stern) and politics (FCC and the freedom of speech). I do believe that the other broadcasters are out because they hate Stern and figured that he’ll have a bigger deal in the long run, but they risk being victims next if they don’t bring it out in public.
    I do agree with those who are concerned about the “ACLU” issue. How come it’s okay to show nudity, sexual situations in general public shows and violence but one can’t say Christmas songs? When it comes to free speech, I beginning to see it as a fight between justice and just-us.

  23. Msbee Avatar
    Msbee

    Recently an overnighter on WBAI (Fass?) played Eric Idle’s FCC song with the same message and nothing happened. It can be downloaded from http://www.pythonline.com

  24. shark2 Avatar
    shark2

    I’m glad they’re doing this to Stern. He doesn’t care about his company. Why should they allow him to cost them even a penny on the way out the door? I sure as hell wouldn’t allow it.
    Trust me, his satellite show will become aural pornos. How long until he has sex with his girlfriend on the air?
    And Jeff, this is the sort of thing you champion?????

  25. J.R. Avatar
    J.R.

    Come on now, those who have listened to Stern over the years (I have listened to him for over 17 years now) know or should know that this has been his m.o. since he started. I think he can be very funny. But I also realize that he can be offensive and does this for himself and himself only, he is not some martyr for free speech.
    Back to his method, Stern has always tested the limits with the FCC, always to his benefit, and when the FCC finally had reason to fine him, they did. So naturally Stern would use this for his own benefit by claiming persecution and say that he was being singled out because the folks at the FCC didn’t like him.
    Now if you listen to folks like small ‘t’ tony, you would think that this was something new because GWB was in office. Now that is hardly the case. He has been using this FCC battle brilliantly to further his career since he started in radio. The man is talented, but he also is vulgar, and he welcomes this controversy because it gets people to talk about him. It’s good marketing.
    Come on now Jeff, how many times has Stern threatened to just play music/leave/or quit altogether? Countless times. He is now using this latest battle to try and get out of his contract (no doubt Viacom is doing the same), but Stern’s motives are clear. He is not a martyr and he is not someone you should be embracing for a free speech fight, because Howard could care less about the likes of you.