Continuation of the conflict between a
media
industry that is driven by different demands and the need to
create an informed public which is precondition for
responsive/active citizen presence in government.
tonight: government regulation/censorship and its impact on "marketplace of ideas"
Review:
--transformation into
mediated
politics with focus on images and symbolism
--potential for manipulation with
simulation, fear
--since private enterprise,
ratings
determine content, not what is necessary to have educated citizenry
When citizens not
informed,
like "deaf spectators in back row of sports event"
"citizens
are
given what they want and not what they need".
A. Government regulation- 3 forms
1. censoring of content (indecency)
2. censoring of mediums of communication
a. blogs
b. satellite radio/tv, cable tv
3. lack of transparency & increased secrecy
a. is the public getting what they need to make
informed
decisions?
Censorship of Content:
B.
history of regulation:
1.
1934,
first legislation from Federal Communications Commission
a. provided free licenses to public airwaves to private companies
b. stations providing public service to citizens w/ information
in
exchange
2. government represented "public
trust"
a. indecency redefined over
different eras (not obscenity)
b. less first amendment
protection than books, newspapers
3. 1930's: "by god", damned, "Bloomersville"
obscenity
defined
as: "any language patently offensive by contemporary community
standards
and wholly without redeeming social value." (1970) ob vs ind
(1975): no
longer required to have "redeeming social value"
a. restrict times in which
children would be watching (after 10 pm)
b. indecency defined as: content which described
sexual
or excretory activities or organs in a manner that was "patently
offensive
as measured by contemporary community standards for the broadcast
medium."
(1978) FCC vs Pacifica, (7 dirty words-George Carlin ex)
case
down
to 6 Golden Globes 2003.
The FCC's actual
judgment said the most versatile four-letter word in the English
language "may be
crude and offensive, but, in the context (used by Bono), did not
describe
sexual or excretory organs or activities." (reversed later)
1987- FCC,
would prohibit any broadcast it considered "patently offensive,"
regardless of specific language or redeeming social value.
1997: Reno
v. ACLU, struck down the "Communications Decency Act."
-internet could not be censored in the same way as radio/television
2001:
FCC found "indecent" Sarah Jones's Your Revolution.
-Language was "patently offensive" and
"designed to pander and shock." lyrics
(overturned in 2003)
2004, Superbowl
"wardrobe
malfunction" FCC
a. public outcry of complaints eminem
1. effect of consolidation- MTV & CBS in
same
conglomerate- different values
2. congressional bipartisan coalition to
crack
down
b. fines increased from $27,500 for single incident, to
$500,000,
potentially
1. 'shock jocks' first to go- Howard
Stern hs
2. $771, 000 fine. Bubba the Love Sponge
a. now on satellite/internet
Save Howard Bubba, the Love Sponge
c. impact on decisions of what to broadcast
1. "Saving Private Ryan" not shown
on
66 ABC affiliates on Veteran's Day, 2004
a. fear of profanity,
indecency
fine
2. "Soldiers in Iraq" FRONTLINE
episode
a. many stations
concerned
about liability if fined
d. Does fear of "indecency" become political censorship?
a. Is this policy unevenly applied? hs ow
e. Does the fear of
'indecency" limit
artistic
expression and metaphor?
1. chilling effect on political speech
2. especially in era in which politics/culture is
merged
3. Rich article: hypocrisy of position
a. attracted to indecency,
even
if we find it repugnant
b. free expression offers
richest
artistic products
2. Censorship of
all forms of media
before
congress
a.
expand indecency regulation to cable, satellite tv
1. same standards for all mediums is plan
2. concern is for children having access to
cable/satellite
broadcasts
a, target is "South Park"
b. regulation of blogs for
political
content
1.rapidly increasing form of 'new ' medium
a. easy access to any citizen, wide open
audience
b. 'rapid response' -bloggers broke
"Rathergate"
in 10/04
c. allow for different perspectives to be
learned
bb blog
2. concern that bloggers
don't
need
to adhere to journalistic ethics
a. more opinion than info-gathering
b. hard to 'sift & winnow' fact from fiction
3. security concerns in some cases- soldiers
4. larger concern- may fall
under
McCain-Feingold
campaign finance reform details
a. concern that sites could be blocked because of
political
content
Censorship of Internet
blocking
candidates
blocked
3. failure of
government
to release information to citizens
a. lack of transparency
1. security concerns
2. operating style
b. informed decisions more difficult w/o info
1. Sunshine Week legislation Sunshine Week