BuzzMachine
by Jeff Jarvis

November 19, 2004

How do we fight the FCC

: I'm on David Lawrence's show right now talking about how we can all fight the FCC. I want to hear your ideas. How do we all tell the FCC to butt out of our culture and get away from our First Amendment? paytv skystar crack

I'll file friend-of-the-court brief with any network willing to fight them. I'll send them call-your-bluff complaints. I'll file FOIA requests to expose their uninvestigations. I've sent letters to my legislators telling them not to vote for the indecent indecency bill when it comes back (in January). What else?
paytv skystar crack

Media on media

: I'm supposed to be on David Lawrence's show tonight at 7 PT, 10 ET. paytv skystar crack

Why conservatives should kill the FCC and defend free speech

: The other night on Aaron Brown's show, I argued with the Heritage Foundation's Rebecca Hagelin over the FCC and the First Amendment (I attacked the first and defended the second, which only logically follows these days but she argued for more government regulation of speech from the agency). Today, someone sent me a wonderful post from the Heritage Foundation's very own weblog agreeing with me. In other circumstances, that last sentence might scare me. But today it only makes me gloat. paytv skystar crack

First, it points to a great post by James Gattuso, which says:

But the real question is who should decide this question: five members of the FCC, or 300 million Americans with their remote controls? There’s something frankly unsettling about federal officials opining on whether they like this or that thing shown to Americans. (And, although Powell was careful to say he didn’t know whether FCC rules were violated, the chill in the air was nevertheless apparent.)paytv skystar crack

Advocates of regulation, of course, argue that only “inappropriate” content is at risk. “We just have to draw the line somewhere” is the refrain. Yet, that line is a fuzzy one — and tends inevitably to move in the direction of more and more government control. If there’s any doubt of that, just ask station managers who refused to air Private Ryan last week, out of fear of FCC disfavor. And it unlikely to end there.paytv skystar crack

No one should know this more than conservatives — who have spent years fighting politically-correct speech codes on college campuses and elsewhere. In the end, giving government power to define what is appropriate and acceptable may be as — or more — obnoxious to conservatives as to liberals.

Amen to that. Are you listening, Rebecca? paytv skystar crack

After pointing to more from another Heritager, the blog concludes wisely:

Bottom line: Defining indecency is awfully difficult, and different people will draw the line on it in very different places. Given the diverging views of the 5-member FCC, laying down a clear, bright-line definition of indecency is probably impossible. Vague standards and vigorous enforcement--what we have now--will necessarily spur broadcasters to act overcautiously and pull the plug on worthwhile programming like "Private Ryan." For conservatives concerned about trash TV, the off-button may be a more attactive alternative.
True conservatives should be the ones calling for Michael Powell's head -- and dismantling the entire damned FCC.paytv skystar crack

Insult our culture, you insult us....

: Last week, a review of a children's movie in The Times was filled with bizarre poltical and anatomical references. paytv skystar crack

This week, we have A.O. Scott looking for profound meaning in SpongeBob SquarePants (but, thankfully, not finding any):

The loud, silly innocence of Mr. Hillenburg's imaginary world, where double entendres seem to bubble up and dissipate faster than you can catch them, is a welcome antidote to the self-seriousness and brutality that rule so much of the popular culture.
I am fed up with these overarching generalizations about popular culture. The other night on Aaron Brown's show, the lady from the Heritage Foundation and Aaron himself went on about the coarseness of our -- our culture ... that is to say, us. Now we have this critic, who ought to know better, making another ovarching generalization about self-seriousness and brutality. paytv skystar crack

Well, there are brutal movies and there are children's movies.paytv skystar crack

Folks: It's not one culture. That is the lesson of the internet. That is the obvious lesson of the nichefication of media and entertainment: We get choice, we use it. See Jarvis' First Law of Media. So you can't generalize about all of our culture. And when you do, you generalize about all of us. And that's intellectually lazy and dishonest.
paytv skystar crack

You are what you buy

: Ken Mehlman, Bush campaign manager, reveals the bottom-line marketing strategy that led him to victory. It's the exact same strategy that sells cars: market segmentation.paytv skystar crack

No, we are not a red v. blue nation. We are Volvo v. Lincoln nation.

"If you drive a Volvo and you do yoga, you are pretty much a Democrat," Mr. Mehlman told an assembly of the nation's Republican governors here. "If you drive a Lincoln or a BMW and you own a gun, you're voting for George Bush." ...paytv skystar crack

"We did what Visa did," Mr. Mehlman said. "We acquired a lot of consumer data. What magazine do you subscribe to? Do you own a gun? How often do the folks go to church? Where do you send your kids to school? Are you married?paytv skystar crack

"Based on that, we were able to develop an exact kind of consumer model that corporate America does every day to predict how people vote - not based on where they live but how they live," he said. "That was critically important to our success."paytv skystar crack

He said that is what led him to the conclusion that supporters of Mr. Kerry had a preference for Volvos over Lincolns, and yoga over guns.paytv skystar crack

In addition, Mr. Mehlman said the Bush campaign had moved beyond simply placing advertisements on traditional television and radio networks. For example, he said, Mr. Bush began placing advertisements on in-house networks at private gyms, guaranteeing a captive audience of what he described as receptive voters.paytv skystar crack

"Because our demographic studies and analysis showed us that a lot of young families get information not at the 7 o'clock news but at the 7 o'clock workout before they got home," he said.

Politics is just a product, in this view. paytv skystar crack

Now this is press transparency

: The Times (of NY) rounds up all the sex scandals at The Spectator in London:

"Someone should bottle that magazine's tap water," wrote The Guardian in an editorial this week, referring to the three erotic scandals that have enveloped The Spectator in recent months, involving, among others, its editor, associate editor, publisher, former receptionist, one of its columnists and the home secretary.
I keep saying we need to humanize journalism here. So that's what we need: Some good, juicy, public affairs!paytv skystar crack

: Update: The editor in question, also an MP, has a blog (thanks to the commenter) paytv skystar crack

Stern on Letterman

: Howard Stern mentions my little scoop on the FCC on Letterman's show tonight: "An ex-TV Guide writer went and researched. Three people complained. Three people."paytv skystar crack

Damn. Wish I'd recorded that. paytv skystar crack

: It's a serious talk and a good talk. Howard discusses the problem of the FCC and free speech and Clear Channel and creativity. Random quotes:paytv skystar crack

"This is my way of checkmating the United States government," he says.paytv skystar crack

"This guy Michael Powell... he's telling us what we can hear," he says. Later: "How can we have a democracy how can we have an open exchange of ideas?"paytv skystar crack

"My fellow broadcasters are not standing up for me."paytv skystar crack

"In five years, satellite radio will be dominant in radio broadcasting."paytv skystar crack

On getting satellite radio: "I believe it is a political movement."paytv skystar crack

Dave: "In many ways, you pioneered terrestrial radio."
Howard: "And now I'm here to destroy it."paytv skystar crack

On making fun of racists: "I think the show actually has a high moral value." Dave asks: "Is there a segment of the audience that may not get it... that may have its prehistoric beliefs reinforced?"paytv skystar crack

Dave: "How come President Bush won the election?"
Howard: "Had I been on in more markets in the country, I believe we would have had an effect on the election."paytv skystar crack

"I can't syndicate my show anymore. Radio stations are deathly afraid of the religious right... and Michael Powell..."paytv skystar crack

"Bababooey is coming. Everybody is coming over to the new place."
paytv skystar crack

Siriusly

: I have another theory about Mel Karmazin's arrival at Sirius: I think he'll try to engineer a merger with an earthbound radio company -- possibly even Infinity (since Viacom is making noise about falling out of love with radio and, as Fred says, Mel's still in love with it). paytv skystar crack

: Sirius also managed to buy a spot on David Letterman tonight, as Stern appears ther.e paytv skystar crack

The danger of the FCC, a continuing saga

: Reason has an illuminating (which is to say alarming) interview with FCC Chair Michael Powell in its December issue. It's not yet online, so I'll do some typing.... paytv skystar crack

: What enrages me most is Powell's justification for his upsurge of censorship and fines against broadcasters. What's changed in the last six years? Reason asks. Well, nothing, Powell says, as he explains that they don't investigate indecency independently but only respond to complaints, and then he adds:

What has happened in the period you've identified is indecency complaints have skyrocketed.
Hold on one minute. Skyrocketed? I will, of course, refer you to my little scoop that revealed only three people bothered to write letters to the FCC to cause its largest fine in history (and only 20 more Xeroxed them). That is not skyrocketing. That is not a flood of complaint. That is a few letters from a few crackpots. And on that basis, Michael Powell abandons his once-strong defense of the First Amendment for the sake of cynical politics. paytv skystar crack

: What frightens me most is that Powell acknowledges it makes no sense to regulate broadcast specially in a time when only 11 percent of Americans get their TV over rabbit ears -- yet he won't say whether that means he wants to try to extend regulation (read: censorship) to cable... and the internet. paytv skystar crack

The editors of Reason read a quote to Powell: "Rather than continuing to engage in willful denial of reality, the time has come to move forward toward a single standard of First Amendment analysis that recognizes the reality of the media marketplace and respects the intelligence of American consumers."paytv skystar crack

Surprise, surprise: It's a speech of Powell's from 1998. Now he says: "To suggest that we bend the First Amendment for one industry singularly is to do hazard to our most cherished principle." And so, which way does this go: No censorship of broadcast? Clearly, that's not what Powell's saying. So then does censorship extend to cable... and satellite... and the internet? He's not saying. paytv skystar crack

Later, he repeats the nonstatement: "...Do I think that the First Amendment should be less protective of broadcasting than it should be of cable? I don't particularly." I take that as a veiled threat. This, too:

Powell: I think it will be increasingly difficult to argue for content-premised legislation for broadcasters only.paytv skystar crack

Reason: Does that mean Congress is going to extend content regulation further into cable or other traditionally nonregulated areas, or does it mean they give up trying to regulate broadcasting?paytv skystar crack

Powell: Well, what Congress choses to do is anyone's guess. But I would say this: There's an enormous sledgehammer on the other side: the First Amendment and the way courts view it.

Many in Congress are, indeed, trying to extend regulation to cable... and then who knows what comes next. paytv skystar crack

These people have to be stopped.paytv skystar crack

: He issues another vague threat, saying that indecency and profanity are "in the criminal code, which means John Ashcroft could theoretically go try to slap handcuffs on you. No nobody expects that, but there's nothing about that statute that says otherwise." paytv skystar crack

So Powell says he's only enforcing the law and has no choice but to levy all these fines. Then he turns around and says the attorney general has the choice not to enforce the law. He doesn't even try to be consistent and logical on the issue. paytv skystar crack

: Reason asks whether the FCC should be shut down. He doesn't answer that question, either. paytv skystar crack

: Separately, Susan Crawford responds to my post suggesting that we get a conference together to envision killing the FCC. She says it more positively and intelligently but the moral to the story is the same: We should imagine what would be possible if the FCC were not there making things impossible. paytv skystar crack

Right v. wrong

: Just for the record, I'm still contemplating this and this and will likely recast Denton's sneaky challenge. Later.paytv skystar crack

Archives:
06/05 ... 05/05 ... 04/05 ... 03/05 ... 02/05 ... 01/05 ... 12/04 ... 11/04 ... 10/04 ... 09/04 ... 08/04 ... 07/04 ... 06/04 ... 05/04 ... 04/04 ... 03/04 ... 02/04 ... 01/04 ... 12/03 ... 11/03 ... 10/03 ... 09/03 ... 08/03 ... 07/03 ... 06/03 ... 05/03 ... 04/03 ... 03/03 ... 02/03 ... 01/03 ... 12/02 ... 11/02 ... 10/02 ... 09/02 ... 08/02 ... 07/02 ... 06/02 ... 05/02 ... 04/02 ... 03/02/a ... 03/02/b ... 02/02 ... 01/02 ... 12/01 ... 11/01 ... 10/01 ... 09/01 ... Current Home



. . .