FCC COMMISSIONERS EXERCISED OVER APPEALS COURT DECISION Jeffrey Yorke – Radio and Records FCC chairman Kevin Martin, a Bush appointee who has made it clear that he wants to clean up the airwaves, was exercised over the Second Circuit of the U.S. Court of Appeals' Monday (June 4) decision that the commission acted in an "arbitrary and capricious" manner when it ruled that remarks uttered during television broadcasts several years ago were indecent.
Martin offered a provocative and daring response that bordered on indecency itself: In it, he used the word "fuck" four times and the word "shit" three times. "Today, the Second Circuit Court of Appeals in New York said the use of the words 'fuck' and 'shit' by Cher and Nicole Richie [on the 2002 and 2003 Billboard Music Awards] was not indecent," Martin wrote.
"I completely disagree with the court's ruling and am disappointed for American families. I find it hard to believe that the New York court would tell American families that 'shit' and 'fuck' are fine to say on broadcast television during the hours when children are most likely to be in the audience."
The court said in its ruling that commission is "divorced from reality," to which Martin responded, "It is the New York court, not the commission, that is divorced from reality in concluding that the word 'fuck' does not invoke a sexual connotation."
Martin continued, "If ever there was an appropriate time for commission action, this was it. If we can't restrict the use of the words 'fuck' and 'shit' during prime time, Hollywood will be able to say anything they want, whenever they want."
FCC commissioner Michael Copps was similarly outraged by the court's decision but chose not to repeat the offending verbiage.
"This decision is disappointing to me and to millions of parents and concerned citizens across the land," Copps said in a statement issued soon after the court's decision became known. "But it doesn't change the FCC's legal obligation to enforce the indecency statute. So any broadcaster who sees this decision as a green light to send more gratuitous sex and violence into our homes would be making a huge mistake."
Copps continued, "The FCC has a duty to find a way to breathe life into the laws that protect our kids. That may entail an appeal of this decision. Certainly it includes strong enforcement action of the many indecency complaints before us that are untouched by today's decision. Enforcing the laws against indecency, profanity and obscenity must remain a commission priority--America's families and children expect and deserve no less."
NAB executive VP Dennis Wharton also responded to the court's ruling, saying, "This is a timely opinion as public policymakers weigh the merits of further program content restrictions. NAB has long believed that responsible industry self-regulation is preferable to government regulation in areas of programming content."
Tim Winters, president of the Parents Television Council, told MarketWatch that the court's verdict effectively "stripped control of the airwaves from the public and handed that control to the television networks."
Winters said, "We're very disappointed, but we're not surprised, since the industry went forum-shopping and found a friendly court in New York City."
Mr. Martin’s full response can be read here. |