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"
need for openness and transparency in government procedures
Sunshine Week, currently. open govt to media scrutiny- public right to
know
Review:
--transformation into
mediated
politics with focus on images and symbolism
--incompatible to have
profit-driven media companies be the primary source of information
necessary for informed democracy
--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".
what happens when we add the internet
into the mix? ex
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?
b. do we get info necessary to hold
officials accountable?
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 has been
redefined over
different eras based on community standards (not obscenity)
b. radio gets 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)
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 because
too difficult (hard for servers to regulate what sites adult users seek)
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
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
2. $771, 000 fine to Bubba the Love Sponge
a. now on satellite/internet
Save Howard Bubba, the Love Sponge
c. impact on radio decisions about what could be broadcast
1. "Saving Private Ryan" not shown
on
66 ABC affiliates on Veteran's Day, 2004
a. fear of profanity,
indecency
fine (put them out of business)
2. "Soldiers in Iraq" FRONTLINE
episode
a. many stations
concerned
about liability if fined- "War is Heck" version
3. PBS documentary on Blues,
narrated by Martin Scorcese- profanity prevented airing by many
affiliate
d.
Indecency censorship of
all forms of media
currently issue to be decided
1.
expand indecency regulation to cable, satellite tv
a. same standards for all mediums is plan
b. concern is for children having access to
cable/satellite
broadcasts
c. primary target is "South Park"
Censorship of explicitly political
speech is more limited
a. long history of court decisions favor freedom of
expression
b. bigger concern raised that those w/ unpopular politics get
cancelled
1. ex. Bill Maher cancelled after 9/11- "said
terrorists were very committed and smart"
2. Crossfire, Tucker Carlson cancelled after
Jon Stewart appearance
c. other response is pundits can say
whatever they want, if ratings are good
1. ex. Keith Olberman, MSNBC, Rush Limbaugh
2. Ann Coulter, Bill Maher, Rosie O'Donnell- shock value
a. concern about irresponsible rhetoric
b. not modelling ideal political
discourse
d. concern that all viewpoints not
represented
1. "Fairness doctrine"
e. some concern that newspapers
pressured to not print stories by government
1. NYTIMES held domestic spying story till after 2004
election
2. reporters kept in jail for not revealing sources
f. internet censorship currently lesss
1. concern that sites could be blocked because of
political
content
Censorship of Internet
blocking
2. concern that candidate views
might be blocked
candidates
blocked
f. concern that
national security prevents airing of information that is not really
security risk
1. ex. no photgraphing of coffins returning- respect
for deceased or 'impression' management?
a. major change of coverage
of war than any other combat situation
b. also, more focus on
destruction than on construction (ratings)
2.
post-9/11 effect
a. time to have national
conversation about what proper balance should be
b. concern is that all protest
viewed as unpatriotic