Op-ed: Farewell to the FCC

I have an op-ed in today’s Star Ledger about Howard Stern leaving broadcast and I called into the show to tell Howard about it. “Why don’t you interview me?” he asked. I’d love to, I said. “But I don’t want to be on a blog.” The op-ed:

Howard Stern is leaving broadcast radio later this month for satellite. The posse of prudes who hounded him — with their eager accomplices on the Federal Communications Commission, who levied $2.5 million in fines against him — may celebrate cleaning up our airwaves. But they have done much more: They are hastening the collapse of mass media, wounding the First Amendment and sucking the life, honesty and fun out of broadcast. That is what is truly indecent.

For me, Stern was an acquired taste. I assumed what everyone did hearing his occasional gassy gag. But after listening to him, I learned that he is greater than the sum of his farts. Stern has to be an incredible entertainer to keep millions amused four hours a day. But more important, in a media universe where personalities are manufactured and their words sanitized for our protection, Stern stands alone as an honest man, unafraid to say what he — and we — think. It made big news during Katrina coverage when TV reporters did that. Stern does it every day.

But the pressure groups targeted Stern as the poster boy for their agenda of cultural control. The Parents Television Council created online kvetch factories where its followers could automatically file complaints. Another of its targets, Fox’s “Married by America,” was levied the FCC’s largest fine, $1.2 million, for questionable use of whipped cream. This came after the marketplace had already killed the show, without any help from the FCC or Parents Television Council. I then filed a Freedom of Information Act request to see all 159 complaints that the FCC said triggered the crackdown. It turns out they came from only 23 people, 21 of whom had merely forwarded the canned Parents Television Council letter. Just whose community standards are being enforced? Fox is the rare media company fighting the fine; most give in and settle because, Stern has argued, the FCC blackmails them with threats about license renewals.

The damage to speech is clear. Broadcast continues to be exempt from full First Amendment protection based on antiquated views of media — that these are public airwaves (so why don’t the wishes of the larger public trump those of the few?), that broadcast is unique (though young people today don’t know the difference between broadcast and cable channels and soon won’t know the difference between any channel and an iTunes download) and that broadcast is pervasive (which is less true as the Internet grows). This is the hole in the First Amendment ozone layer that allowed a pressure group to use government to regulate speech.

So the culture is chilled. Today we live in an age of offense, when our worst sin is to offend anyone. From the left, this is political correctness; from the right, it is the fight against indecency. They each think they’re making culture safe. Instead they’re making it dull. That is why both artists and audience are fleeing to new media: Stern goes to satellite. HBO is producing our best entertainment. And I blog because there are no rules there but mine and my readers’. Though there are those in Congress who would extend the First Amendment exception to cable, at least we can still get what we want so long as we pay for it. Free speech ain’t free.

And so big, old media shrink. Clear Channel’s ratings and revenue have suffered since it axed Stern. Viacom, Stern’s producer, isn’t just replacing him but is exploding the formats of most of the stations he supported. Stern, meanwhile, is only more energized. He’s earning $500 million to build a new medium and industry. And he’s so free that he could turn around and moon all the puritans and politicians who’ve abused him by inaugurating his Sirius channel with 24 hours of flatulence.

This is what government interference in business and speech has meant. I would think that conservatives would be yelping at increased government regulation, that liberals would be fighting this religious agenda in government and that Viacom would have defended Stern (and its revenues) to the hilt. They didn’t because, well, it’s only Howard Stern. But it’s not. It’s our culture, our freedoms and our economy they hurt when they attacked Howard.

45 Responses to “Op-ed: Farewell to the FCC”

  1. You are 100% dead on. So is Howard. The only thing Howard doesn’t get is the importance of what going on in this venue. Blogging, once the fat is trimmed away, is going to be the place to get your information.

    I’d put in a cheap plug for my own cartoon blog now, but it wouldn’t be the classy thing to do, would it?

    Keep up the fight, and the good work.

  2. Not Black, Not White says:

    Imho you’re right to defend the First Amendment. However, how does this compute with your blocking my comments while pretending it’s only a spam filter problem? The situation got worse since yesterday!
    Pls check my post here:
    http://www.buzzmachine.com/index.php/2005/12/02/now-this-is-offensive/#comment-16126

    Just a s**** up od your software again or do you want to tell me something about commenting here? Afraid to say that publicly?

  3. Jeff Jarvis says:

    I am not firewalling anything, B/W/Gray, whoever you are. Please send me email with your IP and any other info and I will go into Spam Karma to find out whether it is on the blacklist. The program did profile you as a spammer because you came into one thread so often in a short time; that’s what it does. Sorry, mate, but you fit the profile. ;-)

  4. The Canadians are blocking Stern from Sirius in Canada even though it is a pay service.
    Apparently Canadians have to be protected from bad taste by their government. They can’t change the channel on their own.

    And you think we have problems with the FCC.

  5. susan says:

    Oh yeah…freedom of speech! This coming from a man who has banned “fuck’ from his blog because he fears his little girl may read such a word.

    Next time you complain about those ‘prudes’ take a look at what a holy fuck you are Mr. Jarvis.

  6. Jeff Jarvis says:

    Well, Susan, you just got to say fuck, didn’t you. Kind of disproves your own point in the midst of making it, doesn’t it? Who’s the holy fuck now?

  7. SelectiveEdit says:

    Jeff, heard you on the Stern Show. IMHO the “but I don’t want to be on a blog” comment was a throwaway – not a knock on blogs. Would be good if you post the transcript of your entire call – you’re being modest by not including his compliments. Also suggest you follow-up with Stearn on an actual interview. Yesterday, he spoke about how his audience had impact on a Comedy Central (I think) online poll – he knows the value of the internet. If you do a piece, I would expect he’d reach more via your blog than via his Esquire magazine interview.

  8. Ravo says:

    Why have you posted these PC rules for YOUR blog?

    No personal attacks, hate speech, bigotry, or seven dirty words

  9. Gray says:

    Hmm, as a foreign reader (able to post again!), I have to ask:
    What are those “seven dirty words”?
    You don’t speak of ‘Liberal’, ‘New Deal’, ‘Affirmative Action’, ‘Minimum Wages’, ‘Every Vote Counts’, ‘Social Security’ and ‘Pro Choice’, no?

  10. ZooDog says:

    I heard about your article on Howard’s show and thought I’d check it out. I found it to be well written, but I have a couple of questions, for my own edification. What did the media do during Katrina that Stern does every day? The paragraph talks about Howard’s honesty and I don’t see the relation to the Katrina coverage.

    My other question is, how is Viacom “exploding the formats” of the stations Stern will be leaving?

    By the way, I second SelectiveEdit’s suggestions that you interview Howard. He seems to like you and how you write. That alone will make me come back to read your blog.

  11. Gray says:

    A good columns, JJ, but I would like to hear a bit more about the reasons behind the new hypocritical position of the FCC: Since when are 23 complaints including 21 preformulated letters enough for the FCC to conclude that there has been a public outcry about a certain program? Did some rules change recently? Maybe there has been a personal change at the helm of the commission? Again, a good column, but its horizon seems to be somewhat limited…

  12. Jeff Jarvis says:

    Well, Ravo, I wouldn’t say that’s PC. I’d say that’s civilized and normally the rule is unwritten. If you came to my house for a party and started spewing hate speech, you would not be invited or welcome back. Same here. This is my house.

  13. Paw says:

    I find it kind of sad that our shining light of freedom of speech in this country is Howard Stern, someone who has made a handsome living from doody jokes, fart jokes, strippers and complaining. BTW, I would venture to guess that if Viacom/Infinity had matched the compensation package offered by Sirius, we would continue to be treated to Mr. Stern’s delightful brand of “humor” over the air for years to come. Don’t believe for a minute the move wasn’t about bank as much as it was about so-called “freedom”.

    What will be most interesting will be the reaction of listeners who will now be paying for the privilege of hearing Stern’s words of wisdom. Will they demand a higher calibre of entertainment for their money? How have they already reacted to the reality of paying TWO separate fees to hear him and watch him in the future?

  14. Jorge says:

    I like Bart Simpson’s filthy mouth as long as no childern get to hear it. I can’t stand Howard Stern but I would defend his right to say it, somewhere else!

  15. Dave says:

    I’ve been a Stern fan since I first saw his Channel 9 show, back when WWOR was a superstation alongside WGN and TBS. It wasn’t until ‘95 that I was able to hear his radio show, since that’s when WMFS here in Memphis joined his family.

    I’ll be moving over to Sirius after Christmas, since it’s an upcoming gift. While being able to hear Stern without 20+ minutes of commercials, without swearing at my radio when the dump button is used, and not having to deal with “satellite problems” as my local station claims are a reason, it’s not the sole reason.

    I love music. Always have. I enjoy Metal, so seeing a station on Sirius devoted solely to Metal (uncensored) is a strong selling point, likewise for the classic rock station that doesn’t play the same Led Zeppelin and Skynyrd songs. Being able to hear Rush’s longer songs in it’s entirety is another strong point. I’ve been a Bears fan since I said hello to the world when I left my mother’s womb in July of ‘78. Memphis NEVER shows the Chicago Bears games, unless it’s Sunday Night Football, Monday Night Football, or the rare occasion when they play in the “viewing area” of Memphis. That’s a third selling point.

    Stern is one reason I’ll be listening to Sirius, but if that was my sole reason, then I’d just be an ass.

  16. Ravo says:

    Same here. This is my house.

    Could not the same be said for the public’s “house” – the airwaves – beaches, streets, stores, anywhere radio is heard?

  17. Dave says:

    With the airwaves- There is more than one station on the radio. For those with children, when did the kids rule the house, car, and other places where the parents were normally the boss?

    With beaches, streets, stores- It’s illegal to yell “Fire” in a theatre when there is no fire. It’s not illegal to say Shit, Piss, Fuck, Cunt, Cocksucker, Motherfucker, and Tits in those same places, unless the state you live in has an archaic law on the books about so-called “profanity”

  18. I wonder what the framers would have said if someone had told them that some day there would be a magic box that would enable us to send fart noises to every man, woman, and child in the entire country. Ben Franklin wrote an essay entitled “Fart Proudly” but somehow I don’t think this was what they had in mind when they wrote the First Amendment.

  19. Ravo says:

    re Dave’s profane utterings:

    Like Jeff said…it was kind of an unwritten law.

    Laws are being written now because humanity has gotten so base that the kind of respect Jeff desires and demands in his own home, once a part of public decorum, is often no longer shown in public.

    People like the elitist Kennedys will always be able to have a beach that only includes others like themselves, unlike the masses under the PC burden. But public beaches and towns have to include all no matter their values. Often these dysfunctional mushbrains can’t speak a sentence without “fuck” and expletives punctuating every other word.

  20. Justin says:

    I have been a Stern fan for many years. Many people act in disgust whenever I turn it on at work, but then I say, is it really as bad as your canned music station? The fact is that Stern is going to satellite and can finally do whatever he wants. Whether I will go with him is another matter, but it’s kind of sad that the only way to get good radio is to pay for it. I would figure the Republicans in the Congress would be loving this, one, they are getting Stern off the airwaves and two, they are getting people to pay for something that was normally free, capitalism at its finest!

    I’m glad to see someone finally wrote about Stern’s situation. Because usually people don’t, unless they are bashing him. Or they cast him off as an anomyly.

  21. Hank says:

    The First Amendment to my way of thinking enabled all Americans to speak out about injustices without fear of retribution. It has been used by Howard Stern and many others to appeal to the lower instincts of the masses. Howard and his form of base demeaning humor should not be allowed over the airways or television, all he does is spread negative and downgrading examples to the youth of the country; not to metion titillating the perverse as yourself.
    Is this the free speech your defending? I don’ think the Foundling Fathers imagined how this amendment would be trampled on by the likes of you and Howard.

  22. Right, Hank, the First Amendment was probably drafted in order to allow people to freely criticize the government, to protect political speech. Farting into a mike may be entertaining, but its political content is nil.

  23. I’ve never been a fan of Stern, but the fact is, Stern was done wrong– just plain wrong. As for that cowboy you mentioned– never heard of him.

  24. kat says:

    Stern is one sick piece of pus. How can anyone praise a sicko who prayed that Al Sikes’ cancer spreads from his prostate to his lungs and that he die?? He is no different than the mullahs who wish that fate on infidels. No adult of sound mind would utter the crap he does on radio. Stern exhibits a quality best described as “an invincible ignorance coupled with an aggressive stupidity.”
    What a sad bunch who need a ‘hero’ like Stern. If our culture is defined by the likes of this weirdo, then God help our culture. Even Leftist Canada has banned him.

  25. Dave says:

    Kat: Cancer will happen despite prayers for it, against it, or someone wishing it on another person. Any line of thinking that a disease is affected by the utterings of others is laughable.

    Hank: The first amendment protects the speech you disagree with, and the speech I disagree with. When have the parents of America become foiled by the technology of the future, specifically “the knob” on radios and “the channel changer button” on TV’s and their remotes?

    Parents have the right to control the content that enters their household. When they try to affect what enters line, that’s when I get pissed.

  26. Dave says:

    Edit for last sentence: the word “line” should read “mine”

  27. kat says:

    Dave–the guy had already been diagnosed. What the hell are you talking about?

  28. Dave says:

    Howard’s wishing, praying, incanting that it spreads further has what effect on the guy’s cancer? NONE!

  29. kat says:

    No, it’s the bloviating of a sick man to get on radio and spew such hatred that I find fault with, not his ability to play god as some believe he is capable of being. I have to wonder how anyone could hero worship such a mean little man.
    Otto Rank best described how I see Stern:{They are products of a liberal society where all people are considered intellectually equal. It is a society where unconditional encouragement of inanity is given in the supposition that such encouragement will impel people to attain their full potential. The consequence is to produce overconfident people who don’t know inanity from substantial mentality. It is a society that in recent years has come to regard personal emotion as a form of intellect. This further produces people who not only can’t differentiate inanity from intellect but who believe they are smart because they are excited as hell. The result is rather stupid people who are confident enough based on empty slogans to attempt to walk up a grizzly bear’s behind.}

  30. Dave says:

    “Playing god” is solely the realm of religion, not a DJ from New York.

    I listen to Howard for the shocking reason that the bastard makes me laugh! I don’t think he’s god, jesus, mohammed, vishnu, baal, xualtepecl, cthulhu, [insert more make-believe names here], or a prophet for the flying spaghetti monster.

    What’s your definition of “hatred” anyway?

  31. kat says:

    Oh, praying on air that Sikes would get lung cancer and die is rather hateful, don’t you think?
    {They become eternal child imitators, not in the sense of imitating children, but in the sense of being immature and imitating in the same way children imitate and pretend to be things. They want to be recognized but are without the talent and discipline for real achievement. They seek acquisition and stature through acting out empty form. They become angry imitators when that quest ends in failure or they are not recognized as worthy except superficially by those like themselves.}

  32. Dave says:

    Despite his Jewish upbringing, Stern is an atheist. So, when an atheist prays it’s taken as a joke, no matter if it’s for their team winning, some guy getting cancer, or whatever else people pray for.

  33. kat says:

    Being an atheist is no excuse for being an idiot.

  34. Dave says:

    And there aren’t people who wish or pray that someone else gets cancer? I’m sure there are people who’d want to see Bin Laden, Saddam, O’Reilly, Coulter, T.O., Artest, Michael Jackson, O.J., Oprah, Dr. Phil, or Andy Milonakis get cancer. Don’t act like it’s something unheard of and taboo.

  35. kat says:

    No, I can honestly say I have never been inclined to wish cancer upon anyone…not even Howard Stern. Maybe you have, and that is why you can understand a sicko like Stern. I can’t imagine any sane person saying that on air.

  36. Dave says:

    I never implied that you have, so at least do the same in regard to me. You don’t like Stern. Wooptie-crap. I find Stern funny. Wooptie-crap.

    So…wishing and/or praying that someone gets cancer is insane. I thought Pat Robertson had full ownership of being insane.

  37. kat says:

    I thought you were speaking from personal experience {’m sure there are people who’d want to see Bin Laden, Saddam, O’Reilly, Coulter, T.O., Artest, Michael Jackson, O.J., Oprah, Dr. Phil, or Andy Milonakis get cancer. Don’t act like it’s something unheard of and taboo.} I apologize if I misinterpreted and I must have as you have agreed that what Stern said was insane. I hope you didn’t find that episode funny.
    Good nite.

  38. Dave says:

    I found it funny. He’s had similar “prayers to jesus”, and I laughed. Everything about it: the hundred times the words “praise jesus” were used, the sombre church music playing in the background during the prayer, Stern asking Robin to be quiet since this is a “serious moment” followed by the sound of him laughing, all combine for a good segment.

    The people I mentioned are some that I’ve heard people say similar things about. My comment about what Stern said being insane was said with sarcasm, since I threw in a snide comment about Pat Robertson.

  39. kat says:

    Ok, you’re as classless as your hero. I thought so in the first place. I withdraw the apology. I said that in sarcasm. Howard is an odious skippet of turbod flatulence, but hey, he makes you laugh, so he can say whatever,regardless of how perverted and demented it may be. Ass kissing Howard isn’t up my alley. You do it too well.

  40. Stacy says:

    Hey Jeff,
    Heard you on Stern and wanted to read your Op-Ed. Thanks for speaking out about Howard and censorship. Those of us who love Howard should not suffer because some idiots and such big babies they can’t just change the channel and not listen.

    F the FCC

    Meanwhile… I have bought my Sirius receiver LAST December. We ordered another unit today and will be purchasing a third by the end of the year. Once the On Demand is available in our area we will be subscribing to that as well.

    Howard is going to make a lot of people eat some serious crow.

  41. Dave says:

    Kat- get off your high horse and look up the definition of ass-kissing. Saying “I find Howard Stern funny” isn’t kissing ass, nor is that hero-worship.

    Your comment that I’m classless goes up on my “wall of hilarious internet insults”.

  42. kat says:

    I guess you are right–there are other sick and deranged people who talk like Stern. Real mature! Could it be brain damage caused by a steady diet of Stern and MSM?
    {Wish their planes would crash and their cars would explode with them in them. Wish they’d eat tainted food and die of food poisioning. Wish they’d choke to death on chicken bones. Wish they’d die of alcohol poisoning. Wish they’s get killed by some off-the-hook drive-by gangster(s). Wish their homes would catch fire in the night. }
    http://smirkingchimp.com/viewtopic.php?topic=61362&forum=13

  43. Justin says:

    Who the hell cares what Howard has said and hasn’t said? At least the man speaks whats on his mind. It may not be pc or the right thing to say, but the man has a forum and thats what he does. That’s what I like about Stern. He isn’t saying anything to please people so that they will think highly of him, he just speaks what’s on his mind at that particular moment. And to me, that’s the essence of what free speech is. Being able to say what you want, when you want, no matter who it offends.

  44. matt says:

    Howard Stern is a deutschebag. I get sick of how we idolize people in this culture so quickly. He’s not some great political revolutionary; he doesn’t believe in anything. That being said, neither do the deutschebags that want to destroy free speech. What I’m trying to say is that we’re all deutschebags, but we all have a right to be deutschebags.

    Matt

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