News, Views and Careers for All of Higher Education
May 9, 2006
First Howard Stern. Now San Mateo County Community College District, which licenses the KCSM-TV PBS station in the San Francisco area.
Before the radio shock jock’s exit from terrestrial radio to the magnificent satellites in the sky, he had long been cursing what he called arbitrary decisions by the Federal Communications Commission to fine stations for broadcasting content it deemed indecent or profane.
While Stern’s most recent fines were levied for broadcasting radio programs filled with references to sexual practices and the use of a personal hygiene product called “Sphincterine,” San Mateo received a $15,000 fine in March 2004 for airing “The Blues: Godfathers and Sons,” which was produced by Martin Scorcese. The documentary explores the history of Chicago blues and unites veteran blues players with contemporary hip-hop artists. Several linguists and ethnographers have weighed in on the contents of the film, saying that it is culturally relevant and historically significant.
Soon after the original airing, which occurred before 9 p.m. on a weeknight, a parent in the station’s broadcast area sent a letter to the FCC’s Enforcement Bureau claiming that the language in the broadcast, which included the words “motherfucker,” “bullshit” and “cocksucker,” was “indecent.” “My own child was awake,” wrote the parent, “but I kept him in the next room during the broadcast.”
Now, college officials are challenging the fine, saying that the FCC’s ruling is inconsistent with other decisions it has made, including dismissing numerous complaints nationwide when the ABC network aired the film “Saving Private Ryan” at 8 p.m. in 2004. College officials are receiving pro bono legal assistance in their efforts, and formally appealed the FCC’s ruling last week. They say that if the FCC does not reverse its decision, the college will pursue legal action.
“There are some important First Amendment issues at stake,” says Dave Mandelkern, president of the San Mateo County Community College District’s Board of Trustees. “This film is far from being obscene or indecent.”
Martin Scorsese, in a letter filed with the FCC last week, said that he supported the college’s position and has “deep concern over the adverse impact that the FCC’s actions will have on the creative process generally.”
FCC officials say that, in contrast to “Saving Private Ryan,” words in the documentary could have been deleted without altering the artistic and educational nature of the film. The commission also maintains that the college violated stricter broadcast ruled imposed after the 2004 Golden Globe Awards, in which the singer Bono said the word “fuck” during a live broadcast. However, college officials note that the program was aired before this order went into affect.
Of the 348 PBS stations in the country, about 30 are licensed by colleges and universities. Officials at such institutions say they believe the FCC is on shaky ground.
“I have a whole mix of feelings,” says Dennis Haarsager, associate vice president of Washington State University’s KWSU station. “I feel really bad that the FCC has really picked on one of the least financially stable systems to go after.”
Standards, says Haarsager, seem to depend on whoever is running the FCC at the moment.
“If I was a lawyer, I would really welcome this case,” says Anthony Riddle, director of Alliance for Community Media, a public education group on electronic media. “The most important part about standards is consistency.”
Referring to the “Saving Private Ryan” decision, Riddle says that he doesn’t understand why a small community station would be held to a different standard than a giant broadcaster like ABC.
“I believe that being in a university community makes our audience more understanding of such issues,” adds Haarsager. “There’s little doubt that universities value free speech, academic freedom and journalistic integrity.”
Despite such support, some stations licensed by colleges and universities are already taking what some see as the path of least resistance.
Steve Volstad, communications director with UNC-TV, the PBS station group of the University of North Carolina system, says that the standard approach at the station is to air the edited version of productions. “There are not too many adults who can’t stay up until 10 p.m.,” he says. “Being a statewide network, we try to take into account what folks in this area would approve of.”
In the case of the blues documentary, UNC-TV officials chose to air an edited version, sans swear words, at 11 p.m.
Today, with the appeal lingering until the FCC decides to act on it, even the San Mateo station itself has headed in that direction, at least for the time being.
“We don’t think that just because we’re an educational licensee that we should have special rights,” says Marilyn Lawrence, KCSM-TV’s general manager, who notes that the station’s largest audience is between 7 and 10 p.m. “I just think we have gone way too far when context isn’t taken into consideration. How do you know anymore?”
Under Lawrence’s direction, the college now follows “the letter of the law,” with no profanity airing before 10 p.m. “The documentary would now be shown after 10, whether I believe it’s the culturally correct action or not,” says Lawrence.
On Monday, FCC officials said they could not say when the appeal would be heard.
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“Our forefathers did not intend for the First Amendment to allow profanity and provocative behavior to be freely aired and displayed on TV and the airwaves during hours that it will be exposed to children.”
Clearly wins the title for vacuous truth of the day. Neither did our forefathers intend to allow Heidi to be freely aired and displayed on TV, nor anything else.
Frank Anshen, Assoc. Prof at State U of NY — Stony Brook, at 10:15 am EDT on May 9, 2006
I would think that someone who is concerned about familiy values would welcome the opportunity to turn off the TV or the radio an spend time actually interacting with their children. If the networks don’t have listeners/viewers than they won’t continue to produce this type of material.
I have never been offended by Howard Stern, because I have never heard his show. It’s really very simple, just tune out and go out and actually *do* something. The way that TV damages our children is by creating a world with unrealistic expectations. If you take them out in to the real world, with real people, real problems and real joys you would be surprised what decent people they can become regardless of the number of swear words they hear.
Tina Case, at 11:50 am EDT on May 9, 2006
Sandra, While our “forefathers” (of which most of us have no blood relationship to) probably couldn’t conceive of the television at all, it is worth nothing that profanity and vulgarity were actually used in discourse at the time! Don’t believe me? See Justice Rehnquist’s opinion in Hustler Magazine v. Falwell, 485 U.S. 46, 54 (1988) (“Despite their sometimes caustic nature, from the early cartoon portraying George Washington as an ass down to the present day, graphic depictions and satirical cartoons have played a prominent role in public and political debate.”) The actual cartoon included the word “ass.” (In fact, if I recall correctly, the both major parties logos are based on somewhat derogatory depictions of their activities, that they did not choose for themselves.)
Larry, at 11:55 am EDT on May 9, 2006
Sandra,
Some of us are standing up for our values by insisting that the right to free speech be protected. There is not only one valid set of values in the country. And while you can protect your and your children’s rights to avoid profanity by turning of the TV or installing a V-Chip TV, I can not protect my right to free speech and free access to information if the federal government has stepped in as censor.
ML, at 12:45 pm EDT on May 9, 2006
My thanks to the other writers who pointed out in various ways that the Forefathers weren’t prigs (except for maybe John Adams), and they certainly weren’t thinking specifically about airways (except for maybe Ben Franklin.) Rather they crafted a document which would flex rather than tear.
Why people don’t just turn off the TV or radio is totally beyond me. Just the description of the film tells me that it is going to pass muster as having social, artistic or educational value. Therefore, the only thing going on is governmental censorship because of the ideas—and that is exactly what the Constitution was designed to prevent.
Christine Valada, at 12:45 pm EDT on May 9, 2006
I totally agree with Tina. If you are that worried about your children seeing/ hearing something of which you disapprove- why don’t you turn the TV off entirely? How about reading a book, playing a game, having a conversation? People who make these complaints convince me they are lazy parents who want everyone to raise their kids for them. Enough already. Stop eroding our rights because you don’t want to take responsibility for your offspring! There are also other stations you can turn to if you really need to plop your kid in front of the tube- PAX, PBS, Animal Planet!
MESM, at 12:45 pm EDT on May 9, 2006
Sandra, the problem with your family values is that they are not my family values. I don’t pray to a cross and never have. Yet I pay the same amount of tax dollars as you do to have my children taught in a public school, where there is thankfully still separation of church and state, though you would choose to have it otherwise. If you want your teachers to put up a cross in the classroom, I respectfully suggest that you consider sending them to private school. You do not have a God-given right to your particular set of “family values” and yours are not inherently better or more valuable than mine.
If you do not like what is shown on the mass media, do what I do — don’t allow your children to watch. Problem solved.
Robyn, at 1:40 pm EDT on May 9, 2006
I happen to work at a college that is in the same district as CSM. I find CSM’s choice to “defend the first amendment” amusing—in as much as this is the same district that has floated the idea of a “Mutual Respect” over and over again.
This Mutual Respect policy would, in effect, compel campus employes to respect one and other. Moreover, the last draft (voted down) had langugae in it that could be resonably construed to be a speech code.
Paul Roscelli
paul roscelli, professor at Canada College, at 3:50 pm EDT on May 9, 2006
The argument with Sandra seems to be “turn off the TV and don’t listen” as put forth by the subsequent mainline cultural bloggers that followed. The mainline bloggers suggest that Sandra and her kind should get out of the world and leave them alone. Both have a point, but let me suggest the baseline of the issue.
When one examines the basic reasons why once great nations such as the Roman Empire, The English Empire, and others fell to oblivion, one basic fact stands out: As they became more and more affluent and without want, the more perverse behavior and loss of personal values, self-discipline and responsibility, and the willingness to serve was ignored to the point that they were unable to re-create it when it was necessary to lead future generations and, thus, they fell.
Our forefathers in the US, despite many of them with personal indescretions, recognized as a result of the near disappearance of any solid value system in the Middle and Medieval periods with its perverse totalitarian rule over the illiterate population created a Declaration of Independence and Constitution that allows dissent (and rule) within reason.
The problem with the US at this juncture is that as universal literacy is made available (Without question, it should be) our nation is at the “stage of life” that is economically unequalled and as Jimmy Cagney and Leonardo DeCaprio would say: “I’m (We’re) on top of the world!". Our current power generation of the boomers (whose parents fought and died for those principles) and their undisciplined children of the 60’s, the gen-xers, have thrown the values their parents fought for to the winds and we are reaping the whirlwind harvest in the Howard Sterns of this society under the banner of “free speech", free sex, and undisciplined behavior.
We are at the stage — right now — to see if the Vision of our forefathers will (can) blossom. Will we be able to exercise the personal self-discipline, adopt a personal value system that is based on the appropriate religious faith, and assume the personal responsibility of building a nation that can meet the challenges of greatness OR fall as other nations have who have succumbed to the “lure of the siren” and thrown it all away to become subserviant to the dictators whom we worship and who can (and will) make decisions for us?
I am pessimistically (if that is a good word) optimistic that as the current generation of Millenials assume power in the next 10-30 years that as they search for structure in their lives and seek out the value systems that has grown this nation and as they observe the perverse behavior and lack of responsibility the post WWII generations (and I guess I include my own silent generation for not teaching as well as we could have), that they will grasp these issues and lead us to new unprecendented heights in human history. You will see as we fall down the slippery slope we are on or we soar to new heights. There is no other alternative.
Can we do it? Yes, I believe we can... Will we do it? Right now I don’t think so, but...?
Edward Winslow, A “tired” Retired Business Professor, at 5:15 pm EDT on May 9, 2006
Professor Wilson, I am trying to find your point. As I see it, you also don’t like the fact that people do not share your system of vales, which has no place for Mr. Stern or Ms. Quivers. You seem to think that the next generation will have some shared “values” (whatever that means) in common with each other, and stop liking Mr. Stern (and Ms. Quivers), and will, presumably, like whatever you like. You don’t explain why this is desirable.
Larry, at 5:00 am EDT on May 10, 2006
I was eating dinner with my host family in Europe one night when they decided to turn on the news. An interview at the beach revealed bare breasts; not sure about the language.
Somehow, entire countries have seen *verboten* material and survived quite well...also, they drink and swear quite casually?
May I add that maybe children are doing and hearing more than you think they are?
Piper, Ms. at Florida University, at 8:35 am EDT on May 10, 2006
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Freedom of Speech: The Rise and FALL of America
Our forefathers did not intend for the First Amendment to allow profanity and provocative behavior to be freely aired and displayed on TV and the airwaves during hours that it will be exposed to children. Neither is Freedom of Expression intended to allow nude bathing on public beaches in Daytona, Florida like one judge believes. When is this country going to start putting children and family values first??!! We have to ban our kids from watching TV in their rooms after 7:30pm as it is because God only knows what will come on — or be aired on a commercial. One of our local radio station talks about all kinds of stuff (positions, strip clubs, free sex, you name it) at 7-8am when teens are driving to school. Yet, teachers can’t put a cross on their wall in their classroom or pray each morning!! Our priorities in this country need to be adjusted — people need to stand up for family values before it is too late!
Sandra Kemp, at 9:35 am EDT on May 9, 2006