Broadcasters Challenge Indecency Rules
April 19, 2004

Calling the indecency crackdown "sweeping and unconstitutional," a broad coalition of broadcasters, artists, public interest and professional organizations asked the FCC today to reconsider its recent Golden Globe Awards decision. Among the broadcasters filing the joint petition are Viacom, Entercom, Citadel, Radio One, Beasley, Minnesota Public Radio, and Fox Entertainment Group. They're joined by a diverse group of legal and creative organizations, including the ACLU, AFTRA, RIAA, Media Access ProjectScreen Actors Guild, and People For The American Way Foundation -- even the magician duo Penn & Teller.

The industry's first legal challenge to the FCC over indecency, the petition specifically addresses the Commission's over-ruling of its own staff -- an over-ruling that declared Bono's Golden Globes F-bomb was both indecent and profane. However,  it paints the FCC's stepped-up enforcement in much broader strokes, arguing that it is "chilling free speech across the broadcast landscape."  

"The Commission's harsh new policy has sent shock waves through the media industry, forcing broadcasters to censor speech that is protected by the First Amendment," said Robert Corn-Revere, partner in the Washington, D.C. office of Davis Wright Tremaine LLP, which is representing the group. "The Supreme Court requires clear guidance, a narrow focus and a light regulatory hand. The FCC may not trample on the rights of the public to see and hear the programming it wants for those who favor censorship." 

The coalition claims that vague and overly broad regulation is allowing the FCC to engage in "subjective enforcement" and forcing broadcasters to restrict programming to material that's unquestionably safe. It notes the mad rush to abandon live programming, and how radio stations are editing and censoring song lyrics -- including many they've played, without listener complaints, for years. (In the current issue of FMQB magazine, we report on radio's widespread editing of songs, from Alice In Chains' "Man In The Box" and Disturbed's "Down With The Sickness" to The Who's "Who Are You" and Rod Stewart's Hot Legs.")  

The coalition notes how the Commission-induced chill resulted in the cancellation of this year's Victoria's Secret fashion show, the editing of an episode of ER and the abandonment of some serious documentaries by public television stations. 

NBC, which carries The Golden Globe Awards, is filing its own petition.




 
Breaking News
iHeartMedia Oklahoma City Names JJ Ryan PD For KJYO & KXXY
Entercom Names Richard J. Schmaeling EVP & CFO
Doug Gottlieb Joins FOX Sports Radio & FS1
March 21, 2017
Beasley Broadcast Group Reports 4th Quarter and Full Year 2016 Results
Chip Arledge Appointed OM For Cumulus Media Shreveport/Bossier City, LA
KXQQ/Las Vegas Names Natalia Hernandez As New Midday Personality
In Brief - March 21, 2017
March 17, 2017
Cumulus Reports Results for Fourth Quarter and Full Year 2016
Entercom Austin To Move 96.3 FM RnB To 95.9 FM
March 16, 2017
iHeartMedia Names Geoff "G-Off" Owens PD For KXJM/Portland & KUBE/Seattle-Tacoma
c3 & FMC Statement: Elimination of the NEA, NEH, and CPB Indefensible, Shameful, and Senseless
iHeartMedia Introduces SmartAudio
Condé Nast Acquires Pop2Life And Ribyt
March 15, 2017
Radio One Houston Names DJ Riddler MD & On-Air Talent/Mixer For KROI (92.1 Radio Now)
iHeartMedia Names Mark Fuhrman Area President in Pittsburgh/West Virginia Region
REAL 103.9/Las Vegas Names Roxy Romeo APD/MD
iHeartMedia Washington, D.C. Debuts Cherry Blossom Radio
KBEB/Sacramento Names Bryan "B-Dub" Washington PD
iHeartMedia Portland Debuts The New 103.7 The Legend
March 14, 2017
The iHeartRadio Music Festival Returns to Vegas This September
KMGA (99.5 Magic FM) Adds Bryan Simmons as PD/PM Drive, Doug Durocher as AM Co-Host
Veteran Music Exec and Producer Tommy LiPuma Passes Away
Magic 92.5 Turns 20 With An All-Star Birthday Bash
March 13, 2017
Alpha Media Portland Names Sean Demery PD At KINK FM
Music News
Chance the Rapper, The Killers, Muse & Arcade Fire Headlining Lollapalooza
QuickHits: Ed Sheeran, Chuck Berry, The Decemberists
QuickHits: NIN, Missy Elliot, Frank Ocean, Pitbull, Enrique Iglesias, Sublime
Rock Pioneer Chuck Berry Passes Away
The Entertainment World Remembers Chuck Berry
Ed Sheeran Spends Second Week Atop Billboard 200
QuickHits: Drake, James Blunt, Spoon, Bob Dylan
Quick Hits: Coldplay. BET Experience, Weezer
Quick Hits: The Chainsmokers, Pitbull, Ohana Music Festival, Arroyo Seco Weekend, Feist
Ed Sheeran Earns Biggest Debut Week of 2017
Quick Hits: Drake, Pearl Jam, Fifth Harmony
Lorde's Melodrama Arrives June 16
U2 Announce 30th Anniversary Joshua Tree Box Set
Ed Sheeran Announces Massive North American Tour
Quick Hits: Halsey, Charli XCX
FMQB NOW

Sam Milkman, EVP
Coleman Insights

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!