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	<title>Comments on: Another notch in the First Amendment</title>
	<atom:link href="http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/</link>
	<description>by Jeff Jarvis</description>
	<pubDate>Sun, 23 Nov 2008 00:49:18 +0000</pubDate>
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		<title>By: Roy</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32823</link>
		<dc:creator>Roy</dc:creator>
		<pubDate>Fri, 17 Mar 2006 18:33:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32823</guid>
		<description>Without A Trace (not counting the NCAA playoffs) airs Thursdays at 10, way off the restricted hours between 6 am and 10pm. Plus, the actors involved were definitely 18 and over. 

This is just the asshole FCC at work, and most voters let it happen because they got a hole in their heads, their heads in holes and getting fucked in the ass, all at once. Stern was DAMN SMART to leave terrestrial radio. Besides,  what's more offensive, the Superbowl scandal or Sept 11?
Think about that.</description>
		<content:encoded><![CDATA[<p>Without A Trace (not counting the NCAA playoffs) airs Thursdays at 10, way off the restricted hours between 6 am and 10pm. Plus, the actors involved were definitely 18 and over. </p>
<p>This is just the asshole FCC at work, and most voters let it happen because they got a hole in their heads, their heads in holes and getting fucked in the ass, all at once. Stern was DAMN SMART to leave terrestrial radio. Besides,  what&#8217;s more offensive, the Superbowl scandal or Sept 11?<br />
Think about that.</p>
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		<title>By: Rich Drees</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32756</link>
		<dc:creator>Rich Drees</dc:creator>
		<pubDate>Fri, 17 Mar 2006 13:46:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32756</guid>
		<description>The English Crown considered the Founding Fathers terrorists. One man's terrorist is another man's freedom fighter, and it is up to history to make the distinction. 

Please note that in my description of the film in no way do I claim I admire the protagonist in the film, and to attempt to draw a comparison between the character of V and the 9/11 terrorists is rediculous and just exposes the fact that your lack of knowledge is no barrier to you having an opinion on something. The original source material for the film was written two decades before the 9/11 attacks as a reaction to Tatcher's policies in Britain, so trying to make a connection with al-Queda is intellectually dishonest.

So we disagree on what is hardcore porn. Fine. You're welcome to not view anything you wish to avoid. However, given the ratings success of WITHOUT A TRACE, it seems that there are many, many people who would also disagree with you as well. I thought it was a conservative ideal to allow the marketplace to decide such matters. I guess that's true only when the marketplace's opinion happens to match your own opinion.</description>
		<content:encoded><![CDATA[<p>The English Crown considered the Founding Fathers terrorists. One man&#8217;s terrorist is another man&#8217;s freedom fighter, and it is up to history to make the distinction. </p>
<p>Please note that in my description of the film in no way do I claim I admire the protagonist in the film, and to attempt to draw a comparison between the character of V and the 9/11 terrorists is rediculous and just exposes the fact that your lack of knowledge is no barrier to you having an opinion on something. The original source material for the film was written two decades before the 9/11 attacks as a reaction to Tatcher&#8217;s policies in Britain, so trying to make a connection with al-Queda is intellectually dishonest.</p>
<p>So we disagree on what is hardcore porn. Fine. You&#8217;re welcome to not view anything you wish to avoid. However, given the ratings success of WITHOUT A TRACE, it seems that there are many, many people who would also disagree with you as well. I thought it was a conservative ideal to allow the marketplace to decide such matters. I guess that&#8217;s true only when the marketplace&#8217;s opinion happens to match your own opinion.</p>
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		<title>By: Kat</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32751</link>
		<dc:creator>Kat</dc:creator>
		<pubDate>Fri, 17 Mar 2006 13:23:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32751</guid>
		<description>Isn't your hero in Vendetta actually a lowlife scumbag of a terrorist?  The 911 garbage said they were fighting back against our government.  Are they your heroes ,too?
I see the use of teenage children in an argy as hardcore porn. Period.  You call it what you like, I choose to disagree.</description>
		<content:encoded><![CDATA[<p>Isn&#8217;t your hero in Vendetta actually a lowlife scumbag of a terrorist?  The 911 garbage said they were fighting back against our government.  Are they your heroes ,too?<br />
I see the use of teenage children in an argy as hardcore porn. Period.  You call it what you like, I choose to disagree.</p>
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		<title>By: Rich Drees</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32715</link>
		<dc:creator>Rich Drees</dc:creator>
		<pubDate>Fri, 17 Mar 2006 06:54:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32715</guid>
		<description>Interesting Kat, that you choose to rebutt a comment I admitted was said in jest, but won't address the rule issue from your original statement- use of the term "hard core" is inflammatory, disengenuious and dilliberatelymisleading. Even the AP article you quote doesn't even use that word. 

Please excuse any misspellings folks, as I'm a little tired and have just gotten in from an advance screening of V FOR VENDETTA- an interesting movie about a man who fights back against a government that has robbed people of their civil rights in the name of security and which is headed by a frothing religious fanatic.</description>
		<content:encoded><![CDATA[<p>Interesting Kat, that you choose to rebutt a comment I admitted was said in jest, but won&#8217;t address the rule issue from your original statement- use of the term &#8220;hard core&#8221; is inflammatory, disengenuious and dilliberatelymisleading. Even the AP article you quote doesn&#8217;t even use that word. </p>
<p>Please excuse any misspellings folks, as I&#8217;m a little tired and have just gotten in from an advance screening of V FOR VENDETTA- an interesting movie about a man who fights back against a government that has robbed people of their civil rights in the name of security and which is headed by a frothing religious fanatic.</p>
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		<title>By: Kat</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32663</link>
		<dc:creator>Kat</dc:creator>
		<pubDate>Thu, 16 Mar 2006 23:46:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32663</guid>
		<description>Well, if reading about it is heresay, I guess I'm guilty.
{By JENNIFER C. KERR 
Associated Press Writer 
WASHINGTON 
The government proposed a record fine of $3.6 million against dozens of CBS stations and affiliates Wednesday in a crackdown on what regulators called indecent television programming. 
The Federal Communications Commission said a network program, "Without a Trace," that aired in December 2004 was indecent. It cited the graphic depiction of "teenage boys and girls participating in a sexual orgy." }</description>
		<content:encoded><![CDATA[<p>Well, if reading about it is heresay, I guess I&#8217;m guilty.<br />
{By JENNIFER C. KERR<br />
Associated Press Writer<br />
WASHINGTON<br />
The government proposed a record fine of $3.6 million against dozens of CBS stations and affiliates Wednesday in a crackdown on what regulators called indecent television programming.<br />
The Federal Communications Commission said a network program, &#8220;Without a Trace,&#8221; that aired in December 2004 was indecent. It cited the graphic depiction of &#8220;teenage boys and girls participating in a sexual orgy.&#8221; }</p>
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		<title>By: The PTC says it&#8217;s OK to watch Reba, though at ochsenhirt.com</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32651</link>
		<dc:creator>The PTC says it&#8217;s OK to watch Reba, though at ochsenhirt.com</dc:creator>
		<pubDate>Thu, 16 Mar 2006 22:01:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32651</guid>
		<description>[...] Update: More from Jeff Jarvis   CBS, censorship, FCC, PTC, TV, Without a Trace [...]</description>
		<content:encoded><![CDATA[<p>[...] Update: More from Jeff Jarvis   CBS, censorship, FCC, PTC, TV, Without a Trace [...]</p>
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		<title>By: Fred</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32650</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Thu, 16 Mar 2006 21:59:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32650</guid>
		<description>&lt;i&gt;Concerned citizens like Kat have always dogged the heels of the crime genre in print and on the airwaves, conveniently ignoring the fact that the â€œobscenityâ€ in these works is carefully circumscribed and clearly marked as undesirable behavior.&lt;/i&gt;

The PTC even &lt;a href="http://www.parentstv.org/PTC/publications/bw/2005/0102worst.asp" rel="nofollow"&gt;acknowledges this aspect&lt;/a&gt; of that episode of Without A Trace. They just don't care.

&lt;blockquote&gt;This episode's theme does not glorify or glamorize teen orgies or promiscuity; quite the opposite.  Viewers see first-hand how relationships and lives are destroyed by this reckless behavior.  But CBS crossed a line by depicting teens in such sexually provocative situations.  What's even more disturbing is that CBS chose the holiday season to re-air this most graphic and gross episode of debauchery.&lt;/blockquote&gt;

As I noted &lt;a href="http://ochsenhirt.com/2006/03/16/the-ptc-says-its-ok-to-watch-reba-though/" rel="nofollow"&gt;on my blog&lt;/a&gt;, the PTC has updated ComplainBot, so that you can complain in detail about a show you haven't actually seen.</description>
		<content:encoded><![CDATA[<p><i>Concerned citizens like Kat have always dogged the heels of the crime genre in print and on the airwaves, conveniently ignoring the fact that the â€œobscenityâ€ in these works is carefully circumscribed and clearly marked as undesirable behavior.</i></p>
<p>The PTC even <a href="http://www.parentstv.org/PTC/publications/bw/2005/0102worst.asp" rel="nofollow">acknowledges this aspect</a> of that episode of Without A Trace. They just don&#8217;t care.</p>
<blockquote><p>This episode&#8217;s theme does not glorify or glamorize teen orgies or promiscuity; quite the opposite.  Viewers see first-hand how relationships and lives are destroyed by this reckless behavior.  But CBS crossed a line by depicting teens in such sexually provocative situations.  What&#8217;s even more disturbing is that CBS chose the holiday season to re-air this most graphic and gross episode of debauchery.</p></blockquote>
<p>As I noted <a href="http://ochsenhirt.com/2006/03/16/the-ptc-says-its-ok-to-watch-reba-though/" rel="nofollow">on my blog</a>, the PTC has updated ComplainBot, so that you can complain in detail about a show you haven&#8217;t actually seen.</p>
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		<title>By: Shaghaghi.net &#187; Another notch in the First Amendment</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32637</link>
		<dc:creator>Shaghaghi.net &#187; Another notch in the First Amendment</dc:creator>
		<pubDate>Thu, 16 Mar 2006 19:41:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32637</guid>
		<description>[...] Another notch in the First Amendment. Jeff Jarvis on the seemingly endless stupidity of the FCC destroying the First Amendment. How much longer do we have unti Bush leaves? [...]</description>
		<content:encoded><![CDATA[<p>[...] Another notch in the First Amendment. Jeff Jarvis on the seemingly endless stupidity of the FCC destroying the First Amendment. How much longer do we have unti Bush leaves? [...]</p>
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		<title>By: Rich Drees</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32608</link>
		<dc:creator>Rich Drees</dc:creator>
		<pubDate>Thu, 16 Mar 2006 15:17:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32608</guid>
		<description>For a reminder of when a time when CBS actually stood up to the government and had a spine, go out and rent or buy GOOD NIGHT, AND GOOD LUCK.</description>
		<content:encoded><![CDATA[<p>For a reminder of when a time when CBS actually stood up to the government and had a spine, go out and rent or buy GOOD NIGHT, AND GOOD LUCK.</p>
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		<title>By: Jersey Exile</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32598</link>
		<dc:creator>Jersey Exile</dc:creator>
		<pubDate>Thu, 16 Mar 2006 14:43:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32598</guid>
		<description>Kat,

Even legal pornographers in the United States know better than to produce shows involving underage actors.  The Without a Trace episode in question violated no laws, nor did it even depict any actual underage sex acts -- CBS was fined merely because the show "suggested" such activity.  Simulated sex is not sex, just as simulated murder is not in fact murder (surprising, I know!).

Furthermore, Without a Trace airs at 9pm on CBS.  If impressionable children are up watching this program, the fault lies not with the network but the negligent parents.  Don't hold what I can watch and what I can't hostage to "protect" adolescents who shouldn't be allowed to tune in and mollify crybabies like the PTC who don't even view the stuff except to find fault with it.</description>
		<content:encoded><![CDATA[<p>Kat,</p>
<p>Even legal pornographers in the United States know better than to produce shows involving underage actors.  The Without a Trace episode in question violated no laws, nor did it even depict any actual underage sex acts &#8212; CBS was fined merely because the show &#8220;suggested&#8221; such activity.  Simulated sex is not sex, just as simulated murder is not in fact murder (surprising, I know!).</p>
<p>Furthermore, Without a Trace airs at 9pm on CBS.  If impressionable children are up watching this program, the fault lies not with the network but the negligent parents.  Don&#8217;t hold what I can watch and what I can&#8217;t hostage to &#8220;protect&#8221; adolescents who shouldn&#8217;t be allowed to tune in and mollify crybabies like the PTC who don&#8217;t even view the stuff except to find fault with it.</p>
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		<title>By: Rich Drees</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32597</link>
		<dc:creator>Rich Drees</dc:creator>
		<pubDate>Thu, 16 Mar 2006 14:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32597</guid>
		<description>Kat wrote- "the episode in question that AP described as a teen orgy..." 

So now you're resorting to heresay? (OK, I am, as the Brits would say, taking the piss here a bit with that comment...)

What I think this comes down to is one's personal definition of pornography. Kat, if I may put words in your mouth, gives the impression that merely the suggestion of the real-world fact that many teens have sex is automatically child pornography, regardless of the fact that eighteen and nineteen year olds are still technically teens but are legally allowed to engage in the porn business.

I think most others here would argue that child pornography would somehow involve the graphic depiction of genitalia probably combined with thrusting, penetration and assorted squirting fluids, bodily or otherwise. Somehow, I doubt this is what CBS aired.

Kat's definition would sweep everything from PORKY'S to Shakespeare's ROMEO AND JULIET under the "Child Porn" banner. The other definition which I offered would only apply to things like those Traci Lords movies that were banned once she revealed that she had been underaged at the time of their production.</description>
		<content:encoded><![CDATA[<p>Kat wrote- &#8220;the episode in question that AP described as a teen orgy&#8230;&#8221; </p>
<p>So now you&#8217;re resorting to heresay? (OK, I am, as the Brits would say, taking the piss here a bit with that comment&#8230;)</p>
<p>What I think this comes down to is one&#8217;s personal definition of pornography. Kat, if I may put words in your mouth, gives the impression that merely the suggestion of the real-world fact that many teens have sex is automatically child pornography, regardless of the fact that eighteen and nineteen year olds are still technically teens but are legally allowed to engage in the porn business.</p>
<p>I think most others here would argue that child pornography would somehow involve the graphic depiction of genitalia probably combined with thrusting, penetration and assorted squirting fluids, bodily or otherwise. Somehow, I doubt this is what CBS aired.</p>
<p>Kat&#8217;s definition would sweep everything from PORKY&#8217;S to Shakespeare&#8217;s ROMEO AND JULIET under the &#8220;Child Porn&#8221; banner. The other definition which I offered would only apply to things like those Traci Lords movies that were banned once she revealed that she had been underaged at the time of their production.</p>
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		<title>By: Kat</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32592</link>
		<dc:creator>Kat</dc:creator>
		<pubDate>Thu, 16 Mar 2006 13:50:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32592</guid>
		<description>I don't think anyone said Without a Trace is always about kiddy porn--the episode in question that AP described as a teen orgy was the one which garnered the fine.   Child porn is illegal, let alone indecent.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think anyone said Without a Trace is always about kiddy porn&#8211;the episode in question that AP described as a teen orgy was the one which garnered the fine.   Child porn is illegal, let alone indecent.</p>
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		<title>By: It looks obvious &#187; Blog Archive &#187; The Domino Effect</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32588</link>
		<dc:creator>It looks obvious &#187; Blog Archive &#187; The Domino Effect</dc:creator>
		<pubDate>Thu, 16 Mar 2006 13:15:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32588</guid>
		<description>[...] Recently I wrote about the circular logic used by those who embrace greater government involvement in many aspects of our life. I argued that when you allow government involvement for causes you agree with you open the door for all other set of government activities, most of them against your will. &#160; Example to such unwelcome government involvement can be found in Jeff Jarvis&#8217;s critic on the FCC latest decision to take enforcement measures against 50 TV programs. When government regulates speech, it falls onto a slick slope. This is a particularly perilous course these days, when mere cartoons can spawn deadly riots. Now, more than ever, shouldn&#8217;t we be demonstrating the power of free speech, the courage to hear anything? Instead, in America, our government is washing our collective mouths out with soap.  The U.S. Federal Communications Commission just issued a slew of penalties against American broadcasters for saying bad words or almost showing pixelated, simulated sex. It levied a record $3.6 million fine for a sex scene in a single show, &#8220;Without a Trace,&#8221; and confirmed a $550,000 fine against CBS over Janet Jackson airing her breast. The commissioners cite the American public&#8217;s &#8220;growing concern&#8221; with TV programming (though I reported on my blog that the supposed outcry is manufactured almost completely by the so-called Parents Television Council and other right-wing religious pressure groups). They say that broadcasters don&#8217;t know where to stop. But it&#8217;s government that doesn&#8217;t know where to stop One might wonder how come such measures limiting the freedom of speech are being taken in the US, a country that is proud at its constitution and the first amendment. The sad answer is that, as always, this is just another step in a process that started with the best intentions. Will Wilkinson describe in his blog this process, arguing about the domino effect of government involvement in wealth redistribution; this domino effect isn&#8217;t limited to wealth distribution but to any activity that involve increasing government power. Suppose in round 1 the government is seen as having no power to redistribute income. So very few people devote resources to controlling the government, since government has so little to give. Suppose, though, that a bunch of altruistic social democrats who would like the government to do more downward redistribution take over (so little opposition!). In round 2 the social democrats increase taxes and redistribute the money downward. Social Justice! Yay! But in round 3, people who had their money confiscated will surely notice, and many will be motivated to populate the government with people who will give them their money back. So, suppose in round 4 the government is now populated by tax cutters, and they cut taxes, and cut the redistributive programs. Now, all the people who were benefitting from redistribution, who have come to depend upon it, will say, hey! But, lo and behold, the people with the most money find it easier to control the political process in each subsequent round. Any round that decreases the resources the wealthy have to spend on voice will only increase their motivation to spend their remaining resources on voice in the next round. They may, for a round or two, have a smaller relative advantage, but they will be more motivated to use it to full effect. The key point is: the social democrats&#8217; egalitarian motivation kicked off the process that led to the consolidation of advantages by the powerful. But using the same circular logic we are repeating the same mistake and handing more areas to the political system to govern. How amazingly sad&#8230; &#160; &#160; &#160; &#160; FCC, freedom of speech, Government Monopoly, Government Regulations, Libertarianism, The Decency Act [...]</description>
		<content:encoded><![CDATA[<p>[...] Recently I wrote about the circular logic used by those who embrace greater government involvement in many aspects of our life. I argued that when you allow government involvement for causes you agree with you open the door for all other set of government activities, most of them against your will. &nbsp; Example to such unwelcome government involvement can be found in Jeff Jarvis&rsquo;s critic on the FCC latest decision to take enforcement measures against 50 TV programs. When government regulates speech, it falls onto a slick slope. This is a particularly perilous course these days, when mere cartoons can spawn deadly riots. Now, more than ever, shouldn&rsquo;t we be demonstrating the power of free speech, the courage to hear anything? Instead, in America, our government is washing our collective mouths out with soap.  The U.S. Federal Communications Commission just issued a slew of penalties against American broadcasters for saying bad words or almost showing pixelated, simulated sex. It levied a record $3.6 million fine for a sex scene in a single show, &ldquo;Without a Trace,&rdquo; and confirmed a $550,000 fine against CBS over Janet Jackson airing her breast. The commissioners cite the American public&rsquo;s &ldquo;growing concern&rdquo; with TV programming (though I reported on my blog that the supposed outcry is manufactured almost completely by the so-called Parents Television Council and other right-wing religious pressure groups). They say that broadcasters don&rsquo;t know where to stop. But it&rsquo;s government that doesn&rsquo;t know where to stop One might wonder how come such measures limiting the freedom of speech are being taken in the US, a country that is proud at its constitution and the first amendment. The sad answer is that, as always, this is just another step in a process that started with the best intentions. Will Wilkinson describe in his blog this process, arguing about the domino effect of government involvement in wealth redistribution; this domino effect isn&rsquo;t limited to wealth distribution but to any activity that involve increasing government power. Suppose in round 1 the government is seen as having no power to redistribute income. So very few people devote resources to controlling the government, since government has so little to give. Suppose, though, that a bunch of altruistic social democrats who would like the government to do more downward redistribution take over (so little opposition!). In round 2 the social democrats increase taxes and redistribute the money downward. Social Justice! Yay! But in round 3, people who had their money confiscated will surely notice, and many will be motivated to populate the government with people who will give them their money back. So, suppose in round 4 the government is now populated by tax cutters, and they cut taxes, and cut the redistributive programs. Now, all the people who were benefitting from redistribution, who have come to depend upon it, will say, hey! But, lo and behold, the people with the most money find it easier to control the political process in each subsequent round. Any round that decreases the resources the wealthy have to spend on voice will only increase their motivation to spend their remaining resources on voice in the next round. They may, for a round or two, have a smaller relative advantage, but they will be more motivated to use it to full effect. The key point is: the social democrats&rsquo; egalitarian motivation kicked off the process that led to the consolidation of advantages by the powerful. But using the same circular logic we are repeating the same mistake and handing more areas to the political system to govern. How amazingly sad&hellip; &nbsp; &nbsp; &nbsp; &nbsp; FCC, freedom of speech, Government Monopoly, Government Regulations, Libertarianism, The Decency Act [...]</p>
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		<title>By: Jersey Exile</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32573</link>
		<dc:creator>Jersey Exile</dc:creator>
		<pubDate>Thu, 16 Mar 2006 11:56:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32573</guid>
		<description>When "obscene" acts occur on crime shows like Without a Trace, they are almost always performed by the lawbreakers, who by the end of the hour are hunted down, apprehended, and brought to justice.  The procedural crime drama does not threaten the moral fabric of American society, but instead confirms it -- viewers are validated in their belief that every crime can be solved, no matter how sick and twisted, and that our world is governed by a fundamental sense of justice which ensures that evildoers will always get what they deserve.  Concerned citizens like Kat have always dogged the heels of the crime genre in print and on the airwaves, conveniently ignoring the fact that the "obscenity" in these works is carefully circumscribed and clearly marked as undesirable behavior.</description>
		<content:encoded><![CDATA[<p>When &#8220;obscene&#8221; acts occur on crime shows like Without a Trace, they are almost always performed by the lawbreakers, who by the end of the hour are hunted down, apprehended, and brought to justice.  The procedural crime drama does not threaten the moral fabric of American society, but instead confirms it &#8212; viewers are validated in their belief that every crime can be solved, no matter how sick and twisted, and that our world is governed by a fundamental sense of justice which ensures that evildoers will always get what they deserve.  Concerned citizens like Kat have always dogged the heels of the crime genre in print and on the airwaves, conveniently ignoring the fact that the &#8220;obscenity&#8221; in these works is carefully circumscribed and clearly marked as undesirable behavior.</p>
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		<title>By: Jim S</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32564</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Thu, 16 Mar 2006 11:13:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32564</guid>
		<description>First, Kat's post makes it sound like the entire show Without a Trace is some kind of porn show. Is that really how she meant it to read? If so, is she really that ignorant? I do watch the show and don't think I've missed an episode. And I can't think of anything that should earn it the FCC's disapproval.</description>
		<content:encoded><![CDATA[<p>First, Kat&#8217;s post makes it sound like the entire show Without a Trace is some kind of porn show. Is that really how she meant it to read? If so, is she really that ignorant? I do watch the show and don&#8217;t think I&#8217;ve missed an episode. And I can&#8217;t think of anything that should earn it the FCC&#8217;s disapproval.</p>
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		<title>By: Ben Sparks</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32519</link>
		<dc:creator>Ben Sparks</dc:creator>
		<pubDate>Thu, 16 Mar 2006 05:51:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32519</guid>
		<description>&#62;&#62;&#62; AEB Says:
&#62;&#62;&#62; March 16th, 2006 at 12:19 am
&#62;&#62;&#62; 
&#62;&#62;&#62; John, there is a big difference between a private
&#62;&#62;&#62; entity/company censoring itself vs. the government.


howard stern didn't like when CBS dumped him. that was "censorship"... they were messing with his first amendement rights.

and that is fine... but based on his interview with hannity... will jarvis please stop tagging this nonsense as "howard stern"

howard stern could give a flying fuck about free speech.</description>
		<content:encoded><![CDATA[<p>&gt;&gt;&gt; AEB Says:<br />
&gt;&gt;&gt; March 16th, 2006 at 12:19 am<br />
&gt;&gt;&gt;<br />
&gt;&gt;&gt; John, there is a big difference between a private<br />
&gt;&gt;&gt; entity/company censoring itself vs. the government.</p>
<p>howard stern didn&#8217;t like when CBS dumped him. that was &#8220;censorship&#8221;&#8230; they were messing with his first amendement rights.</p>
<p>and that is fine&#8230; but based on his interview with hannity&#8230; will jarvis please stop tagging this nonsense as &#8220;howard stern&#8221;</p>
<p>howard stern could give a flying fuck about free speech.</p>
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		<title>By: BuzzMachine &#187; Blog Archive &#187; The F-and-S analysis</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32515</link>
		<dc:creator>BuzzMachine &#187; Blog Archive &#187; The F-and-S analysis</dc:creator>
		<pubDate>Thu, 16 Mar 2006 05:28:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32515</guid>
		<description>[...] &#171; Another notch in the First Amendment [...]</description>
		<content:encoded><![CDATA[<p>[...] &laquo; Another notch in the First Amendment [...]</p>
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		<title>By: Rich Drees</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32512</link>
		<dc:creator>Rich Drees</dc:creator>
		<pubDate>Thu, 16 Mar 2006 05:22:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32512</guid>
		<description>Kat wrote: "I donâ€™t think Without a Trace has anything to do with timeâ€“isnâ€™t it some kind of hard porn teenage sex orgy that has no place on TV at any time? Unless youâ€™re some kind of pervert that gets your jollies from such crap, and then you should have to pay to watch it on your private airwaves."

I noticed you used the phrase "isn't it" before you threw around some inflamatory language about what you are suppossing the fined scene in question contains. Rather a disengenious arguement, in my own analysis and opinion. 

Also, I'm sure that going by what most folks would consider the standard definition of "hard porn teenage sex orgy," such a scene would never pass a network's internal Standards &#38; Practices department. Now, I don't watch WITHOUT A TRACE myself, I can't attest to it for certain, but I feel confident that at no time did the show feature a scene showing actual shots of a 16-year old girl being subjected to a bit of DVDA penetration. Of course, if you have any video tape to the contrary, I'd be willing to view your evidence.

And by the way, I thought that community standards were supposed to be the qualifier for whether something was obscene or not. With some 20.3 million viewers, WITHOUT A TRACE is one of the top rated shows in the country. I believe the community has spoken, and it is not represented by the likes of Brent Bozell.</description>
		<content:encoded><![CDATA[<p>Kat wrote: &#8220;I donâ€™t think Without a Trace has anything to do with timeâ€“isnâ€™t it some kind of hard porn teenage sex orgy that has no place on TV at any time? Unless youâ€™re some kind of pervert that gets your jollies from such crap, and then you should have to pay to watch it on your private airwaves.&#8221;</p>
<p>I noticed you used the phrase &#8220;isn&#8217;t it&#8221; before you threw around some inflamatory language about what you are suppossing the fined scene in question contains. Rather a disengenious arguement, in my own analysis and opinion. </p>
<p>Also, I&#8217;m sure that going by what most folks would consider the standard definition of &#8220;hard porn teenage sex orgy,&#8221; such a scene would never pass a network&#8217;s internal Standards &amp; Practices department. Now, I don&#8217;t watch WITHOUT A TRACE myself, I can&#8217;t attest to it for certain, but I feel confident that at no time did the show feature a scene showing actual shots of a 16-year old girl being subjected to a bit of DVDA penetration. Of course, if you have any video tape to the contrary, I&#8217;d be willing to view your evidence.</p>
<p>And by the way, I thought that community standards were supposed to be the qualifier for whether something was obscene or not. With some 20.3 million viewers, WITHOUT A TRACE is one of the top rated shows in the country. I believe the community has spoken, and it is not represented by the likes of Brent Bozell.</p>
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		<title>By: John</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32501</link>
		<dc:creator>John</dc:creator>
		<pubDate>Thu, 16 Mar 2006 04:30:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32501</guid>
		<description>AEB --

You're right that what the FCC censors and what Mel Karmazan censors or what Lowery Mays censors are different issues. My point is don't hold someone up as a bastion of the Free Speech movement, when in their eyes censoreship is relative, and hinges on whether or not it benefits them. 

Hannity  supports Stern and Opie &#38; Anthony because he realizes FCC limitations on indecency grounds can lead to censorship on political speech grounds, even though his defense of extreme radio angers some of his listener base. Stern's argument seems to be "Those with the power make the rules" and he was the power for over 15 years at Infinity Broadcasting. He's not against silencing people on the radio per se, he's just angry there's a higher power that can censor him, and it just so happens to be the FCC. That's not a winning argument when you're trying to persuade people to your point of view.</description>
		<content:encoded><![CDATA[<p>AEB &#8211;</p>
<p>You&#8217;re right that what the FCC censors and what Mel Karmazan censors or what Lowery Mays censors are different issues. My point is don&#8217;t hold someone up as a bastion of the Free Speech movement, when in their eyes censoreship is relative, and hinges on whether or not it benefits them. </p>
<p>Hannity  supports Stern and Opie &amp; Anthony because he realizes FCC limitations on indecency grounds can lead to censorship on political speech grounds, even though his defense of extreme radio angers some of his listener base. Stern&#8217;s argument seems to be &#8220;Those with the power make the rules&#8221; and he was the power for over 15 years at Infinity Broadcasting. He&#8217;s not against silencing people on the radio per se, he&#8217;s just angry there&#8217;s a higher power that can censor him, and it just so happens to be the FCC. That&#8217;s not a winning argument when you&#8217;re trying to persuade people to your point of view.</p>
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		<title>By: AEB</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32500</link>
		<dc:creator>AEB</dc:creator>
		<pubDate>Thu, 16 Mar 2006 04:19:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32500</guid>
		<description>John, there is a big difference between a private entity/company censoring itself vs. the government.

If Comcast refuses to carry Sopranos b/c of the language, then that is their choice - I can always opt for another service (Dish, DirecTV) or buy the DVDs. We control this via our wallets.

If the government prohibits programming like Sopranos, then I'm stuck with the whims of the state-run nanny.</description>
		<content:encoded><![CDATA[<p>John, there is a big difference between a private entity/company censoring itself vs. the government.</p>
<p>If Comcast refuses to carry Sopranos b/c of the language, then that is their choice - I can always opt for another service (Dish, DirecTV) or buy the DVDs. We control this via our wallets.</p>
<p>If the government prohibits programming like Sopranos, then I&#8217;m stuck with the whims of the state-run nanny.</p>
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		<title>By: Mitch</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32497</link>
		<dc:creator>Mitch</dc:creator>
		<pubDate>Thu, 16 Mar 2006 03:48:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32497</guid>
		<description>Ben,

I object to that and don't think it would stand up in the courts. There is a key difference though, which is the use of the public spectrum. I'd be curious though to see a poll of how the public feels about regulating content on cable. Since most don't know the difference between broadcast and cable, I suspect most would be in favor of it.

When I said the rest of us, I should have been more clear that I was referring to the group of people in my office that agree with my position from a political point of view, not because they're network employees.

I'm actually a libertarian on this issue. I think the spectrum should be privatized, but as long as it continues to be owned by the people, it should be regulated by us.</description>
		<content:encoded><![CDATA[<p>Ben,</p>
<p>I object to that and don&#8217;t think it would stand up in the courts. There is a key difference though, which is the use of the public spectrum. I&#8217;d be curious though to see a poll of how the public feels about regulating content on cable. Since most don&#8217;t know the difference between broadcast and cable, I suspect most would be in favor of it.</p>
<p>When I said the rest of us, I should have been more clear that I was referring to the group of people in my office that agree with my position from a political point of view, not because they&#8217;re network employees.</p>
<p>I&#8217;m actually a libertarian on this issue. I think the spectrum should be privatized, but as long as it continues to be owned by the people, it should be regulated by us.</p>
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		<title>By: John</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32495</link>
		<dc:creator>John</dc:creator>
		<pubDate>Thu, 16 Mar 2006 03:25:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32495</guid>
		<description>Jeff:

Any comments on &lt;a href="http://www.fmqb.com/Article.asp?id=186874" rel="nofollow"&gt;this article from the FMQB website&lt;/a&gt; about Howard Stern's remarks on Sean Hannity's radio show Tuesday?

&lt;blockquote&gt;When Stern was asked by a caller about the gag order, he confirmed it by admitting, "That's right. I believe in censoring anyone who is my enemy." He also added, &lt;b&gt;"I believe in censorship when it benefits me."&lt;/b&gt;&lt;/blockquote&gt;

With all the support you've given Howard as being the champion of free speech on the airwaves, doesn't this strike you as a just a little bit hypocritcial? Or is "free speech for me, but not for thee" OK when it involves Stern?</description>
		<content:encoded><![CDATA[<p>Jeff:</p>
<p>Any comments on <a href="http://www.fmqb.com/Article.asp?id=186874" rel="nofollow">this article from the FMQB website</a> about Howard Stern&#8217;s remarks on Sean Hannity&#8217;s radio show Tuesday?</p>
<blockquote><p>When Stern was asked by a caller about the gag order, he confirmed it by admitting, &#8220;That&#8217;s right. I believe in censoring anyone who is my enemy.&#8221; He also added, <b>&#8220;I believe in censorship when it benefits me.&#8221;</b></p></blockquote>
<p>With all the support you&#8217;ve given Howard as being the champion of free speech on the airwaves, doesn&#8217;t this strike you as a just a little bit hypocritcial? Or is &#8220;free speech for me, but not for thee&#8221; OK when it involves Stern?</p>
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		<title>By: Ben</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32489</link>
		<dc:creator>Ben</dc:creator>
		<pubDate>Thu, 16 Mar 2006 02:14:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32489</guid>
		<description>Mitch if you all know that it is "the price you pay for access to the spectrum" then why is the NAB pushing for the standards to be applied to cable tv and satellite radio?</description>
		<content:encoded><![CDATA[<p>Mitch if you all know that it is &#8220;the price you pay for access to the spectrum&#8221; then why is the NAB pushing for the standards to be applied to cable tv and satellite radio?</p>
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		<title>By: Kat</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32483</link>
		<dc:creator>Kat</dc:creator>
		<pubDate>Thu, 16 Mar 2006 01:47:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32483</guid>
		<description>I don't think Without a Trace has anything to do with time--isn't it some kind of hard porn teenage sex orgy that has no place on TV at any time?  Unless you're some kind of pervert that gets your jollies from such crap, and then you should have to pay to watch it on your private airwaves.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think Without a Trace has anything to do with time&#8211;isn&#8217;t it some kind of hard porn teenage sex orgy that has no place on TV at any time?  Unless you&#8217;re some kind of pervert that gets your jollies from such crap, and then you should have to pay to watch it on your private airwaves.</p>
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		<title>By: Mitch</title>
		<link>http://www.buzzmachine.com/2006/03/15/another-notch-in-the-first-amendment/#comment-32482</link>
		<dc:creator>Mitch</dc:creator>
		<pubDate>Thu, 16 Mar 2006 01:35:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.buzzmachine.com/index.php/2006/03/15/another-notch-in-the-first-amendment/#comment-32482</guid>
		<description>It is not chilling. It is we the people, through our elected officials, regulating our airwaves. CBS/Fox/NBC/ABC are not required to use the broadcast airwaves anymore. They choose to...for free. And with that comes responsibility. If the public wants to hear shit and fuck on their airwaves they will vote for a party that will staff the FCC accordingly. I'd love to see a party run on that platform: "Vote for us! We'll give you shit and fuck!"

I work at one of the aforementioned networks and this is a frequent topic in our office. The thing I've noticed is that the Stern fans all think this is an outrage. The rest of it know it's the price we pay for access to the spectrum.</description>
		<content:encoded><![CDATA[<p>It is not chilling. It is we the people, through our elected officials, regulating our airwaves. CBS/Fox/NBC/ABC are not required to use the broadcast airwaves anymore. They choose to&#8230;for free. And with that comes responsibility. If the public wants to hear shit and fuck on their airwaves they will vote for a party that will staff the FCC accordingly. I&#8217;d love to see a party run on that platform: &#8220;Vote for us! We&#8217;ll give you shit and fuck!&#8221;</p>
<p>I work at one of the aforementioned networks and this is a frequent topic in our office. The thing I&#8217;ve noticed is that the Stern fans all think this is an outrage. The rest of it know it&#8217;s the price we pay for access to the spectrum.</p>
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