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ChasingBlueSky

Can 23 people equal a moral majority?

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Heard this guy on Stern today and had to check out his blog:
JEFF JARVIS is former TV critic for TV Guide and People, creator of Entertainment Weekly, Sunday Editor of the NY Daily News, and a columnist on the San Francisco Examiner. He is now president & creative director of Advance.net.

www.buzzmachine.com

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The shocking truth about the FCC: Censorship by the tyranny of the few

: With not much original reporting, I discovered that the latest big fine by the FCC against a TV network -- a record $1.2 million against Fox for its "sexually suggestive" Married by America -- was brought about by a mere three people who actually composed letters of complaint. Yes, just three people.

I filed a Freedom of Information Act request on Oct. 12 asking to see all of the 159 complaints the FCC cited in its complaint against Fox.

I just received the FCC's reply with a copy of all the complaints -- and a letter explaining that, well, there weren't 159 after all. William H. Davenport, chief of the FCC's Investigations and Hearings Divison, admits in his letter that because the complaints were sent to multiple individuals at the FCC, it turns out there actually were only 90 complaints. It gets better: The FCC confesses that they come from only 23 individuals.

It is shocking enough that what tens of millions of us are permitted to see by our government can be determined by 159 ... or 90 ... or 23.

But it gets even better: I examined the complaints and found that all but two of them were virtually identical. In other words, one person took the time to write a letter and 20 other people then photocopied or merely emailed it to the FCC many times. They all came from an automated complaint factory like the one I write about here. Only two letters were not the form letter.

So in the end, that means that a grand total of three citizens bothered to take the time to sit down and actually write a letter of complaint to the FCC. Millions of people watched the show. Three wrote letters of complaint.

And on the basis of that, the FCC decided to bring down the heavy hammer of government censorship and fine Fox an incredible $1.2 million for suggesting -- not depicting but merely suggesting -- sex on a show that had already been canceled because the marketplace didn't like it anyway.

This is the respect the FCC gives to the American people and our First Amendment.



He does go on in his blog with his opinion, including showing the documents he received from the FCC. Just to make sure his claims are valid, I will be filling a FOIA request with the FCC for the same documents.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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if they simply put it on a cable channel instead of Broadcast this wouldn't even be an issue, wheter it is right or wrong.
Cable upholds most of the standards of broadcast TV, but they don't really have to.

-----------------------------------------------------
Sometimes it is more important to protect LIFE than Liberty

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if they simply put it on a cable channel instead of Broadcast this wouldn't even be an issue, wheter it is right or wrong.
Cable upholds most of the standards of broadcast TV, but they don't really have to.



Our representatives are currently trying to change the rules for cable so they resemble broadcast media.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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This is another example of there not being a damned bit of difference between "liberals" and "conservatives."

You know, you can be accused of sexual harassment, racism, and homophobia by making comments that the "hearer" finds offensive. The standards for such things are not "objective" but subjective. This means that if I call a problem a "chink in the armor," and ten thousand people hear me say it, but one person objects to the term "chink" then I will probably be liable for that comment.

So, we are faced with a situation here where political correctness has done a 180, as far as the Ggbment is concerned. So, the PC bullshit that thrived over the last 10 years is now being used to benefit Republicans.

How bout dem apples?


My wife is hotter than your wife.

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For them to be found guilty, they had to do something wrong.

What does it matter if 1 million, or 1 person complained about it, and they investigate?

I mean what is wrong is wrong. The FCC took the complaints, and looked into it...They found something wrong and acted on it.

I would think people would be happy to know that even complaints from a few are looked into as opposed to being ignored.
"No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334

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What does it matter if 1 million, or 1 person complained about it, and they investigate?

I mean what is wrong is wrong. The FCC took the complaints, and looked into it...They found something wrong and acted on it.

I would think people would be happy to know that even complaints from a few are looked into as opposed to being ignored.



Except that they're being accused of violating prevailing community standards. Those standards are being determined based on the opinions of a handful of people. In effect, a handful of people are dictating what the community standards should be.

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I mean what is wrong is wrong. The FCC took the complaints, and looked into it...They found something wrong and acted on it.

I would think people would be happy to know that even complaints from a few are looked into as opposed to being ignored.



Indecency is generally measured by local community standards. 3 people does not make a community. Does the few bozos that complained about the last viewings of Saving Private Ryan mean that affiliatates should fear sanctions this time around?

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Except that they're being accused of violating prevailing community standards



They DID violate community standards according to the FCC.

Now maybe only a handful of people complained, but the FCC didn't hand out a fine based on 23 people. They DID start an investigation, and that investigation brought the fines...Not just 23 people complaining.

If the FCC just handed out fines based on every letter they recieve, then I could see a problem. But the FCC just acted on letters and started an investigation.
"No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334

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If the FCC just handed out fines based on every letter they recieve, then I could see a problem. But the FCC just acted on letters and started an investigation.



I am requesting a copy of the investigation that they did on several violations that I know of, including the one I complained about. I am curious to see what they did.

What standards did they violate? There are no clear defined standards in the FCC book - its all subjective. If there was a clear defined rule/law then it would be quite ok to charge each and every offense. There are no real rules to break.

There hasn't been an announcement on an investigation into ABC on Saving Private Ryan, an R rated movie that drops the F-bomb more than once. Bono said the F-bomb once and there was a huge fine. The author of this blog as well as those on several other sites, myself, livendive and others have filed complaints to the FCC about SPR. Let's see if they fine them - my bet is that they don't.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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I am requesting a copy of the investigation that they did on several violations that I know of, including the one I complained about. I am curious to see what they did.



Cool let us know.

I just am not ready to hang them until I know what happend. Also I don't care how many did, or did not complain. I am glad they looked into it no matter how many complain.

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There hasn't been an announcement on an investigation into ABC on Saving Private Ryan, an R rated movie that drops the F-bomb more than once. Bono said the F-bomb once and there was a huge fine. The author of this blog as well as those on several other sites, myself, livendive and others have filed complaints to the FCC about SPR. Let's see if they fine them - my bet is that they don't.



Since they had a disclaimer at the begining, and most good parents heard about it before it was on...It does not bother me...

What did you and Livendive have a problem with anyway?

I am sure neither you nor him have never heard that kind of talk before....

And it seems to me that most times you are for free speach no matter what.
"No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334

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What did you and Livendive have a problem with anyway?

I am sure neither you nor him have never heard that kind of talk before....

And it seems to me that most times you are for free speach no matter what.



We didn't have a problem with the speech - if we did you would never see us at the dropzone!

I did it because I believe in freedom of speech. I am forcing the FCC to deal with their double standards of who gets fined and to come up with a better way of handling what is on the air and maybe show a little progress. The FCC is danger close to censorship and infringement on freedom of speech; this is the issue I have with them.

This is the complaint that Jeff Jarvis made:
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I am filing a complaint regarding the airing of "Saving Private Ryan" on WABC TV in New York between 8 and 11 p.m. on Thursday, Nov. 11.

I heard the word "fuck" -- or variants of it -- three times in one sentence.

I personally believe that the FCC should not be regulating or overseeing speech in any way and should not be in a position to fine speech. I further believe the FCC's actions in this arena are unconstitutional as is the new indecency legislation about to give you further power to fine.

However, because you have declared that Bono violated the law for saying "fuck" you must find that WABC and every other ABC outlet that aired "Saving Private Ryan" violated the law. There is no difference. Because you have fined Howard Stern far more for what many would argue is far less -- even for mere fart sounds -- you must fine WABC and other ABC outlets.

You made this bed, FCC. Now lie in it.

I am very serious about this complaint. I am not just making a statement. I am making a formal complaint and believe that you must be consistent in your enforcement of this law and regulation. Yes, I will tell you that I relish your embarrassment at having to fine very ABC outlet that aired "Saving Private Ryan" for every instance of a "bad" word or deed. I relish the opportunity to point out the absurdity and Constitutional offensiveness this law and of your inconsistent enforcement. And thus, I file this complaint with all seriousness. I received no reply to a prior complaint I filed against Oprah Winfrey for the same alleged sins that brought Howard Stern huge fines. I expect a reply to this complaint.

Sincerely,

Jeffrey Jarvis



On the downside you have this:
http://www.onemillionmoms.com/TakeAction.asp?id=175

Something from the LA Times:
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Sure, the movie is violent and reveals that soldiers are known to use unpleasant language while under fire. But at a time when thousands of Americans are engaged in another conflict, reminding their compatriots back home that war is hell is not such a bad thing.

Moreover, the prudish desire to keep any profanity off the air, regardless of its context, is misguided.... The ABC affiliates that refrained from airing the movie could have shown more valor, but they are as much a victim of the FCC's arbitrary and capricious regulation as they are villains in this tale. Their fear of the jihad is understandable, and their surrender Thursday serves to highlight just how destructive the FCC's crackdown on indecency has become.

The commission has been targeting the broadcast industry for the last year or so, prodded on by such Taliban-like zealots as the American Family Assn. and the Parents TV Council (which did issue a ruling exempting "Private Ryan" from its campaigns) and their allies in Congress....

Rather unhelpfully, the commission has pledged to judge the airing of supposed profanity on a case-by-case basis. This, coupled with the FCC's refusal to provide advance guarantees to affiliates that it wouldn't take action if they aired "Saving Private Ryan," makes it look as if the commission's main priority is to tailor its response to whatever level of pressure it feels from self-appointed morality guardians. This is not only cowardly on the part of FCC Chairman Michael Powell and his fellow commissioners, it's probably unconstitutional.



And then the Chicago Trib (a conservative paper that endorsed Bush):
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Much has been made of the foul-mouthed Howard Stern's coming move to satellite radio to escape the Federal Communications Commission's increasingly Draconian interpretation of its indecency rules. And of the FCC's overkill in fining CBS Television parent Viacom Inc. $550,000 for the infamous Janet Jackson Super Bowl halftime show. And of its loopy finding that rock star Bono's use of an expletive on a televised awards show was indecent and profane.

Some have argued that such behavior deserves to be singled out for punishment. But the reality is that in setting its sights on curbing a few fleeting and isolated instances of excess, the FCC's crackdown is chilling all broadcasters. It's threatening to scrub powerful programming from the air in favor of pablum that takes no chances in offending anyone.

And viewers will lose the most....

With the prospect of FCC fines hanging over their heads--and Congress still deciding about whether to dramatically increase those fines--some broadcasters are playing it safe. They're guessing what the FCC may do. They're running scared.

There's only one word for this: censorship. And it needs to stop.

The FCC--and Congress--have to back off.


_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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The FCC is danger close to censorship and infringement on freedom of speech; this is the issue I have with them.



Looks like the FDA is getting into the act now, too. Read today that they ordered Pfizer to withdraw their current Viagra advertising because it is "too suggestive".

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I mean what is wrong is wrong. The FCC took the complaints, and looked into it...They found something wrong and acted on it.

I would think people would be happy to know that even complaints from a few are looked into as opposed to being ignored.



Indecency is generally measured by local community standards. 3 people does not make a community. Does the few bozos that complained about the last viewings of Saving Private Ryan mean that affiliatates should fear sanctions this time around?



I just found a story on NBC saying that many complaints had been filed and that an investigation is being looked at now. They also reported that some of the complaints may have come from the 66 stations that didn't air the movie.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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