Center for Creative Voices in Media Blog

The Censorship Chronicles -- Interviews with Leading Creative Voices

2009-09-22T16:17:04-04:00

Creative Voices presents The Censorship Chronicles, a series of informative, humorous, and wide-ranging interviews with prominent creative artists about the impact of the FCC's indecency decisions, hosted by Jonathan Rintels, Executive Director of the Center for Creative Voices in Media. The first three in the series are:

Steven Bochco, Emmy, Peabody, and Humanitas-award winning creator and producer of NYPD Blue, LA Law, Hill Street Blues, Doogie Howser, Hooperman, and many other television series, discusses the FCC's finding that NYPD Blue was indecent, as well as the impact of censorship on creative artists, available here.

Peggy Charren, the founder of Action for Children's Television and the "Mother of Quality Children's Television," has been awarded both a Peabody Award and the Presidential Medal of Freedom. A firm believer that government censorship does not help children, but harms them, Ms. Charren discusses the impact of the FCC's indecency decisions on children, parents, television, culture, and democracy, here.

Vin Di Bona, Emmy and Peabody-award winning creator and producer of America's Funniest Videos on ABC, discusses the FCC's handling of a complaint against that show, as well as the impact of the FCC's indecency decisions on independent creative artists, television, culture, and democracy, here.

These interviews were conducted in 2006. With our podcasting page shuttered due to cost constraints, we brought them over here to our blog.

Creative Voices Discusses Supreme Court Indecency Decision

2009-05-18T15:07:00-04:00

Jonathan Rintels, Executive Director of Creative Voices, discusses the Supreme Court's decision to uphold the Federal Communications Commission's fining of Fox Television for airing Cher and Nicole Richie's "fleeting expletives" at the 2004 American Music Awards on Charlottesville Now, WINA-AM, on May 6, 2009, here.

Creative Voices Discusses DTV Transition, Broadband Stimulus

2009-01-30T14:42:51-05:00

On Thursday, January 29th, 2009, Jonathan Rintels, President and Executive Director of Center For Creative Voices In Media joined Charlottesville Right Now to discuss the switch from analog television to digital television on February 17th, 2009. Rintels also discusses what the stimulus package could mean for broadband infrastructure jobs. Charlottesville Podcasting Network - Blog Archive - Charlottesville-Right Now: Jonathan Rintels.

Protecting the Public's Access to Independent Film & TV

2009-01-29T11:52:22-05:00

The Independent Film & Television Alliance (IFTA) has put together a "Fight For Independents" campaign to promote more independent film and television production in a world dominated by a handful of giant media conglomerates that have a chokehold over much of broadcast and cable television production and distribution. They are urging the FCC to take action to once again open broadcast and cable TV to independents, as it was during the '70's, '80's, and early '90's before ill-conceived and misguided FCC "deregulation" enabled the networks to drive the independents out of business. Sign IFTA's position to the FCC! Fight for Independents | Home.

Creative Voices Applauds Genachowski as new FCC Chair

2009-01-14T11:09:35-05:00

We're thrilled that President-Elect Obama has reportedly chosen Julius Genachowski as the next FCC Chairman. Genachowski is one of the principal authors of the Obama campaign's Technology and Innovation Policy platform, which we have heartily endorsed for its support of several critical issues:

Encourage diversity in media and limit consolidation and concentration.
Robust broadband Internet access for all Americans that is open to all content (Net Neutrality)
Respect for the First Amendment
Allowing parents, not government, to decide what content is appropriate for their children. Technology and better information are the ways to deal with inappropriate content, not censorship.

We eagerly look forward to working with Mr. Genachowski at the FCC.

Obama's Pick for FCC Signals Change - WSJ.com.

AN ACTION PLAN FOR AMERICA: Using Technology and Innovation to Address Our Nation’s Critical Challenges

2008-12-04T15:19:34-05:00

In a visionary blueprint for the use of technology and innovation, AN ACTION PLAN FOR AMERICA: Using Technology and Innovation to Address Our Nation’s Critical Challenges proposes that President-Elect Barack Obama take immediate action to connect the nation to broadband, which will unleash billions of dollars in economic development, create over a million jobs, enhance America’s global competitiveness, deliver superior health care and education, reduce energy consumption and environmental degradation, improve public safety and homeland security, and reinvigorate democracy.

The Center for Creative Voices in Media was pleased to author this 62 page ACTION PLAN for The Benton Foundation.

"On January 20, 2009, Americans will turn to President Barack Obama to make good on the promises he made during the 2008 election," said Charles Benton, Chairman, CEO and Trustee of the Benton Foundation. "One clear goal articulated by candidate Obama is that every American should have the highest speed broadband access - no matter where they live, or how much money they have. This goal is not achievable overnight nor with the simple stroke of a pen. However, President Obama can immediately exercise strong leadership to improve the competitiveness of the United States in the global economy by acting to craft a National Broadband Strategy."

"In this time of economic hardship, the Obama Administration should undertake a concerted national effort to deploy universal, robust, open, and affordable broadband Internet access that will unleash billions of dollars of economic development and create over a million jobs," said ACTION PLAN author Jonathan Rintels, Executive Director of the Center for Creative Voices in Media. "The economic, social, and cultural benefits of this critical 21st century investment in broadband will vastly outweigh its cost, delivering better health care, education, energy conservation, homeland security, and government transparency for generations to come."

The ACTION PLAN includes a draft Executive Order that President Obama should sign immediately upon taking office to establish and implement a National Broadband Strategy that will achieve the goal of universal, robust, open, and affordable broadband, as well as enhance our nation's global competitiveness, as quickly as possible. The ACTION PLAN builds on our work in last year's report, The Case for Universal Broadband in America: Now!

Supreme Court Hears Fox Profanity Case

2008-11-06T08:43:21-05:00

Alas, the Supreme Court skedded our indecency case on, wouldn't you know it, Election Day. Choosing between Voter Protection in Virginia and the Supremes, we chose Voter Protection and thus can't give our own eyewitness report on the oral argument. But John Eggerton of Broadcasting & Cable writes that, Chief Justice John Roberts and Justice Antonin Scalia raised some tough questions about whether the FCC had really changed its policy, and whether, in fact, it had sufficiently justified that policy. When Fox argued that society had become more tolerant of language in the 30 years since the Pacifica decision on broadcast profanities, Scalia asked whether the network might have had something to do with that. "Justice Ginsburg appeared to be squarely in our camp," said the representative. "Scalia, probably on the other side." Ginsburg said there was no "ryhme or reason" behind the FCC finding swearing in a documentary about the blues indecent, but not finding it indecent in WWII film Saving Private Ryan.

We hear the Supremes were more comfortable avoiding the large Constitutional First Amendment questions that the networks raised about ANY government regulation of broadcast content and were looking to the more narrow question of whether the FCC had been "arbitrary and capricious," as the Second Circuit had found, in its suddenly sweeping expansion of indecency regulation that had been narrow and restrained for decades. Our expert SCOTUS handicapper predicts it'll be a 5-4 decision, one way or the other. Supreme Court Hears Fox Profanity Case - 11/4/2008 12:11:00 PM - Broadcasting & Cable.

Media Ownership Challenge Moved To Third Circuit

2008-11-06T08:32:51-05:00

The appeal of the FCC's latest attempt to lift reasonable limits on ownership of media will be heard in the Third Circuit Court of Appeals in Philadelphia, the same court which found the FCC's prior attempt to lift media ownership limits "arbitrary and capricious" and contrary to law. While Kevin Martin's latest iteration of media deregulation is less sweeping than his predecessor Michael Powell's, it still would allow far more cross-ownership of local media, including joint ownership of large newspapers and TV stations, the two primary sources for local community news. Media Ownership Challenge Moved To Third Circuit - 11/4/2008 3:00:00 PM - Broadcasting & Cable.

C-SPAN Will Broadcast Same Bad Words That Got Fox Fined

2008-10-24T10:36:17-04:00

C-SPAN has asked the Supreme Court for permission to air tapes of the oral argument in Fox v. FCC after the argument concludes on Nov. 4. If the Court grants permission, C-SPAN will air those tapes as soon as possible, and air them "as it was said in the court," full expletives and all. The tapes will also air on C-SPAN's FM radio station in Washington. Which means C-SPAN would likely broadcast the very same "indecent" language that Nicole Ritchie and Cher uttered that got Fox fined by the FCC in the first place and set the stage for this critical case. John Eggerton writes that "C-SPAN almost certainly would not run into any trouble itself from the FCC if it aired the tapes on C-SPAN radio." Which begs the question why does the FCC consider the very same words indecent when uttered by Cher and Nicole, but okay when uttered by Supreme Court justices and attorneys arguing before the court, even though children will likely then be in the listening audience? C-SPAN Seeks Oral Argument Tapes in Fox Swearing Case - Broadcasting & Cable.

Leahy Lays Into FCC Over Indecency Enforcement

2008-10-22T16:57:32-04:00

Kudos to Sen. Patrick Leahy (D-VT) for remarks last night at The Media Institute: "The media should be...bringing vibrant and interesting voices and views into our homes,' not worrying that "an inadvertent slip is going to land them in trouble with regulators." Leahy said that while he does not want 'TV screens and radio shows filled with offensive and innapropriate words and images," he also said he had discovered that "there is an on/off switch," and suggested that was an important content contol technology. He also put in a plug for the V-chip/ratings system. The senator said he believed "Strongly" that it was the role of parents, not government regulators, "to determine what is appropriate for children to see and hear." "Good lord, where are we in this country," Leahy said after recounting the story of NBC affiliates afraid to show an episode of ER about breast cancer because they feared a brief depiction of a woman's breast would get them in trouble with the FCC. Leahy Lays Into FCC Over Indecency Enforcement - Broadcasting & Cable.

Creative Voices 3Q Newsletter

2008-10-22T11:11:24-04:00

The Presidential election, our upcoming Supreme Court "indecency" argument, opportunity knocking on media consolidation, and a key Net Neutrality victory -- read all about it in our 3Q newsletter. Center for Creative Voices in Media: News.

PTC Uses Kids as Human Shields

2008-10-14T09:28:07-04:00

Josef Adalian in Television Week does a wonderful job of calling out the Parents Television Council. Couldn't be timelier, with the Supreme Court about to hear the crucial Fox v. FCC case, a case ginned up by the PTC banging on its email lists to flood the FCC with comments, most from people who never saw the show they were complaining about.

Unfortunately, the PTC’s actions and words too often have indicated that its real mission includes pushing for government-sanctioned censorship of the media and the elimination of any and all programming that conflicts with its far-right social and political philosophies. ... The PTC doesn’t want to make TV safe for kids. It wants to make it safe only for those shows that fit into its narrowly constructed worldview of what constitutes acceptable TV. And when it identifies programming that doesn’t mesh with its agenda, the PTC goes into overdrive whipping up its base to take action. “All they’re about is fund raising and court cases,” said one network executive who, like everyone interviewed for this column, spoke only on the condition of anonymity. “They would rather curse the darkness than light a candle.” Adalian Column: PTC Uses Kids as Human Shields - TVWeek - News.

Former FCC Chair Powell Regrets Pro-Indecency Vote

2008-10-07T10:03:26-04:00

Now former FCC Michael Powell tells us he regrets having approved the decision to declare Bono's comments indecent. "It was a terrible mistake and I voted for it," Powell said at a forum on the Commission held in mid-September. Supreme Court to hear FCC f-bomb appeal on Election Day . Recall when that decision, and the Janet Jackson furor, broke out -- in 2004, as President Bush was "basing" his reelection campaign on his appeal to the conservative "base." Powell, as FCC Commish, reversed his former vocal opposition to expansive FCC "indecency" enforcement, and instead launched the Commission on a virtual crusade against it. As we pointed out at the time, Powell was simply using the FCC to inflame (energize?) the base and turn the 2004 election in a "culture war" referendum. Now, apparently, his principles and conscience have returned. Unfortunately, creative media artists and the public have been saddled with his legacy: arbitrary and capricious FCC decisions that make a mockery of the First Amendment. That's what the Second and Third Courts of Appeal have found, and why we're a party to upholding the Second Circuit in Fox v. FCC, to be heard by the Supreme Court on November 4.

Television Tools for Parents 101 - Check It Out!

2008-09-19T09:50:49-04:00

Television Watch has created "Television Tools for Parents 101", an excellent tool for concerned parents to take control of television content. Let's let parents make the decisions on what their children can watch, not the federal government Let's let consumers decide what should be on television, not unelected FCC Commissioners. Check out "Television Tools for Parents 101".

"TV Needs to Join Net Neutrality Fight"

2008-09-02T09:35:31-04:00

Harry Jessell, the influential editor of TV Newsday, writes that broadcast television stations should enter the fight for open access Net Neutrality regulations to ensure that they are able to reach their audiences over the Internet. Extremely interesting development in the fight to preserve a level playing field on the Internet since the MPAA is on record as opposing Net Neutrality, and most of the major television networks are members of the MPAA following their consolidation with major film studios. Says Jessell:

The question is, is this the NAB's fight? I think it is. The last thing that a station needs to discover is that its Web site is not loading as quickly or looking as good as that of the local Yellow Pages publisher because the directory publisher cut some kind of deal with the cable company. Or worse, the station Web site is functioning slower because the local cable company has its own competitive site. TVNEWSDAY - TV Needs to Join Net Neutrality Fight.

Why Net Neutrality Matters to Creatives - and Everyone Else

2008-08-19T10:15:55-04:00

WGA member Michael Janover pens a terrific op-ed about why creative artists -- and everyone else -- needs to take action to protect Net Neutrality. Writes Janover: "Net Neutrality" basically means "Leave the Internet alone," and it's the battle cry for those who think handing over management and control of information to a few mega-corporations is the worst possible idea. Net neutrality: Why you should give a damn : Speakout : The Rocky Mountain News.

UPDATED - "Dismayed" Bipartisan FCC Chairs, Commissioners, and Officials Denounce FCC Indecency Decisions as "Victorian crusade"

2008-08-18T09:15:00-04:00

Former FCC Chairs Newton Minow and Mark Fowler, joined by other former FCC Commissioners and officials, have added their respected -- and "dismayed" -- voice to that of Creative Voices in urging the Supreme Court to uphold the Second Circuit's decision in Fox v. FCC. In their brief, they write:

... we have been dismayed by a series of recent [FCC] decisions that have transformed a hitherto moderate policy of policing only the most extreme cases of indecent broadcast programming into a campaign of regulatory surveillance that will chill the production of all but the blandest of broadcast programming.

The FCC’s policy towards broadcast indecency has evolved from a restrained effort to regulate clear, flagrant instances of indecent language by a handful of broadcast licensees and performers into an ever-expanding campaign against ordinary radio and television programming. In pursuit of a policy of protecting children against exposure to extremely offensive language, the Commission has embarked on an enforcement program that has all the earmarks of a Victorian crusade. To effectuate its new clean-up-the-airwaves policy, the Commission has radically expanded the definition of indecency beyond its original conception; magnified the penalties for even minor, ephemeral images or objectionable language; and targeted respected television programs, movies, and even noncommercial documentaries.

These officials also want the Supremes to strip away entirely the FCC's indecency enforcement authority. This is extremely powerful. The brief is at QuelloFCCFox.pdf. An excellent Broadcasting & Cable article is here.

UPDATED. Bill Triplett in Variety reports reaction to the brief from Ex-FCC Chairs and Commissioners:

"They do listen to the voice of experience," says Patricia Millett, an attorney in the Supreme Court practice of the bluechip firm Akin Gump. "And the fact that it's bipartisan will carry more weight because it looks less political. ... The court does pay attention when a brief is written in terms of day-to-day work and how a policy is workable or not."

"They make a very compelling argument," says a veteran Supreme Court observer of the ex-chiefs' point. "They understand and are sympathetic to the FCC's task on indecency but experience shows that the commission can't handle the political pressure."

More on the Death of Synergy

2008-08-10T11:16:54-04:00

Nearly six years ago, we hailed Jeff Bewkes, now the CEO of Time Warner, for honestly saying the claimed benefits of "synergy" -- using Big Media's chokehold over distribution to consolidate its grip over creative production -- were B.S. and would turn even greater control over creative decisions to "the suits," thus ruining "the business." Said Bewkes then, "“Horizontal integration can be useful if you don't let it ‘factory-ize’ creative production. … But where people got fouled up was in vertical integration. Saying you need to buy something to provide content for your network is bullshit -- you can get product from anywhere.”

Bewkes had it right back then. Yet as he eventually ascended to the top job at Time Warner, replacing Dick Parsons, he did relatively nothing about it. Time Warner kept its magazines, cable operations and catastrophic AOL Internet distribution, all the time hunting for that elusive magical "synergy" that would make the sum of the parts greater than the whole, when reality and the plummeting stock price proved it was less. According to the NY Times, that's about to change. In an effort to focus more sharply on “content creation” (or what nonsuits still like to call movies and television shows), Jeffrey L. Bewkes, who became chief executive of Time Warner in January, is whittling down the company’s many branches. It’s a makeover that will unravel about two decades’ worth of mergers that created the company in its current form. We'll see, as this is the third or fourth one of these articles we've seen over the years previewing the breakup of the company and the return to its roots as a content creator. Holy Cash Cow, Batman! Content Is Back at Time Warner - NYTimes.com.

Artists to SCOTUS: FCC fleeting expletives policy is f*ed up

2008-08-05T16:56:35-04:00

Matthew Lasar wrote on ars technica an excellent article on Creative Voices' brief to the United States Supreme Court to "send the Federal Communications Commission's tortured "fleeting expletive" rules to the shredder." He nicely puts our brief in the context of the history of indecency enforcement and litigation -- very interesting piece. Artists to SCOTUS: FCC fleeting expletives policy is f*ed up.

Troma's Lloyd Kaufman on Media Consolidation and Net Neutrality -- Hilarious!

2008-08-04T09:27:01-04:00

Inspired YouTube lunacy on the dangers of media consolidation and the need for net neutrality from legendary Lloyd Kaufman, producer of such great Troma pics as The Toxic Avenger, and chairman of the Independent Film and Television Alliance. The last line: If Media Conglomerates Grow, Independent Art Will Not. We agree! YouTube - Lloyd Kaufman Defines Media Consolidation.

CV Applauds FCC Decision to Sanction Comcast and Promote Open Internet for All

2008-08-01T14:56:17-04:00

Creative Voices applauds today’s FCC decision to protect and promote an open Internet where consumers have the freedom to access the lawful Internet content of their choice and use the lawful applications of their choice. The FCC decision today marked an important victory in the battle over whether consumers will have the freedom to enjoy the full Internet, or whether they will they be restricted to visiting sites approved by – or in business with – the cable, telephone, or media conglomerate “gatekeeper” that provides broadband Internet access.

Because extreme media consolidation and concentration have eliminated so many independent voices and visions from America’s mainstream media, a growing number of creative artists now share their video, music, and creative visions directly with their audience over the Internet. Today’s FCC decision protects these artists from discrimination by broadband providers, promoting more independent and diverse voices in our media. That benefits creative artists and the American public. Read our full statement at Center for Creative Voices in Media: News.

Creative Voices Tells Supreme Court to Uphold Reversal of Flawed FCC Indecency Decisions

2008-08-01T08:53:36-04:00

Creative Voices today filed a brief urging the U.S. Supreme Court to uphold last year's well-reasoned Second Circuit reversal of the FCC's flawed indecency decisions in Fox v. FCC -- the Cher, Nicole Ritchie, and Bono "fleeting expletives" case. CV is an intervening party in the case, arguing that the FCC's arbitrary enforcement of its indecency rules has created a "chilling effect" that harms creative artists and the general public. Big Chill: How the FCC’s Indecency Decisions Stifle Free Expression, Threaten Quality Television, and Harm America’s Children, our report documenting numerous incidents of censorship and the insidious harm of the "chilling effect," was attached to the Supreme Court brief as an appendix. The Big Chill report is available here. Center for Creative Voices in Media: News.

Creative Voices Podcast on Janet Jackson, Net Neutrality

2008-07-30T09:42:22-04:00

CV Executive Director Jonathan Rintels was interviewed by WINA-AM 1070 host Coy Barefoot for half an hour about the Third Circuit's overturning of the FCC's decision to fine CBS $550,000 for Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show. They also discussed the FCC's decision to sanction Comcast for blocking and discriminating against Internet traffic. Link here.

Top Aide to ex-FCC Chair Powell Applauds Court's Reversal of Powell's Janet Jackson Fine

2008-07-21T19:25:05-04:00

Of all the encomiums for the 3rd Circuit's overturning of the FCC's CBS/Janet Jackson Super Bowl "wardrobe malfunction" fine, perhaps the most unexpected is this:

“Perhaps it is time to read the handwriting on the wall: the guardians of our First Amendment freedoms in the courts are not going to allow the FCC to play the role of media supernanny,” said Ken Ferree, president of the libertarian Progress & Freedom Foundation. “A free and vibrant, even if occasionally coarse, marketplace of speech is the cornerstone of a free society. We allow government to meddle in that marketplace at our peril.”

As many will recall, then FCC Chair Michael Powell pushed hard for the Janet Jackson fine, making the rounds of all the talk shows to express how outraged he was, attempting to turn the incident, it appeared to many, into a defining moment in the "Culture Wars" and a campaign issue for President George W. Bush's reelection. Ken Ferree, of course, was FCC Chairman Michael Powell's top aide and close friend at the FCC, running the Media Bureau. Welcome to the fight, Ken! Court tosses FCC Super Bowl fine - Variety.com.

Creative Voices Applauds Court Overturning of FCC's Janet Jackson Fine

2008-07-21T13:25:15-04:00

Creative Voices applauds today’s ruling by the U.S. Third Circuit Court of Appeals that the Federal Communications Commission’s indecency decision and $550,000 fine against CBS in the Janet Jackson Super Bowl halftime case were “arbitrary and capricious,” and therefore unlawful.

As both the Third Circuit in this case and the Second Circuit in last year’s Fox v. FCC case (Cher and Nicole Ritchie “fleeting expletives”) found, overly broad FCC decisions on what constitutes “indecency” that arbitrarily overturn decades of Commission precedent put creative, challenging, controversial, non-homogenized broadcast television programming at risk. In many cases, the very kinds of television programs that parents want their children to watch – high quality documentaries, histories, and dramas – have been impacted. Thus, the chilling effect of these now-overturned Commission decisions harmed not only media artists, but the American public. Read our full press release at Center for Creative Voices in Media: News.

Martin Wants FCC Yellow Card Against Comcast for Violating Net Neutrality

2008-07-14T07:24:01-04:00

Props to FCC Chair Kevin Martin for putting some very small enforcement teeth into the FCC's four Net Neutrality principles, which he had said at the time of adoption were "unenforceable." He proposes no fine against Comcast for throttling BitTorrent peer-to-peer traffic, but that the cable ISP 'fess up and not do it anymore. Should Martin get the other FCC Commissioners to go along with his proposal, it could create an extremely important and valuable precedent, as well as a giant battle over what constitutes "discrimination" versus "reasonable network management," which is how Comcast defines its actions. “The commission has never before provided any guidance on what it means by ‘reasonable network management,” said Comcast. Martin Throws P2P Penalty Flag At Comcast - Multichannel News.

Strike TV strikes chord online

2008-07-03T06:46:38-04:00

More original content from creatives is coming direct to the Web -- which is why we need Net Neutrality to keep those pipes open to all creators, whether independent such as Strike.TV or studio. From Cynthia Littleton at Daily Variety:

Strike.TV is about to make its formal commercial debut as a web venture designed to showcase the work of WGA members and pros from other guilds and unions. The Strike TV website will have a soft launch this weekend to show off its "coming soon" sizzle reel. Later this month, it will begin rolling out segs of more than 40 original series and other content bits produced for the original StrikeTV.org website, which was born as a fund-raising effort for the WGA's Industry Support Fund. Comedy and drama fare that Strike TV has in hand for its rollout includes: * "Global Warming," starring "Saturday Night Live's" Kirsten Wiig and "Daily Show's" Aasif Mandvi; * "Unknown Sender," penned by Steven de Souza and starring Timothy Dalton and Joanne Whalley; * "House Poor," created by "Office" writer-producer Lester Lewis; * "The Challenge," starring Bob Newhart and penned by sitcom vet Lloyd Garver; * "Five or Die," written and directed by horror movie vet Tom Holland; * "John's Hand," starring Garret Dillahunt and Kali Rocha. In the new iteration, Strike TV aims to make money through advertising and sponsorships, but creators will retain ownership and all copyright control of their content. Strike TV is not forking over any license fees for the programming; creators have to handle the financing on their own. But the hope is that the site will become a buzz-generator for ideas and concepts that creators can adapt into movies, TV shows or other media. Strike TV strikes chord online - Entertainment News, Business News, Media - Variety.

Creative Voices Asks Appeals Court to Overturn FCC NYPD Blue Fine

2008-07-01T14:43:10-04:00

Creative Voices asked the Second Circuit Court of Appeals to do what it did last year in Fox v. FCC: reverse yet another arbitrary and capricious FCC indecency decision that puts creative, challenging, controversial, non-homogenized broadcast television programming at risk. As the Court found in reversing the FCC’s decision in Fox, the Commission’s enforcement of its indecency rules has been vague, arbitrary, insufficiently attuned to the context and quality of the program, and bears no relation to “contemporary community standards,” as the Commission’s own rules require. The FCC’s decision in NYPD Blue suffers from the same flaws and the court should reverse it as well. More, as well as a copy of the brief, at Center for Creative Voices in Media: News. Broadcasting & Cable's story is here.

George Carlin: an appreciation

2008-06-24T09:16:31-04:00

In high school, I was a huge George Carlin fan. I never missed him on the Smothers Brothers show and any other time I could catch him on TV. I loved his transition from suit and skinny tie to the pony-tailed "hippie" comedian, as it seemed all of my friends and I were undergoing the same transition. He became a role model, even a hero, speaking truth to power.

So, the summer after high school graduation, I worked extra hours at a car wash for $1.60/hour, the then minimum wage, to save $30 to take a date to see George at the Meriwether Post Pavilion -- a pretty long drive from suburban VA outside DC. We were so psyched -- and so was the rest of the worshipful audience.

The cheers were deafening when George finally took the stage. That didn't last long. He was a wreck, so stoned or drunk or both that he forgot punchlines and whole chunks of his act. The hard, welcoming laughter at his intro became increasingly nervous titters, then groaning, then silence as he fumbled and stumbled. Without question, it was the worst live performance by a professional entertainer that I've ever attended. At the time, I didn't know that George had substance abuse problems that he eventually overcame. All I knew was, to use one of the "seven words you can't say on TV," I was pissed. REALLY pissed. He'd ripped me off, I felt, and for years I shunned him.

But time heals all wounds, and wounds all heels, and eventually his genius won this unforgiving heel over again -- although I never did buy another ticket to see him. Fool me once, and all that...

Then, I got involved in fighting against overzealous indecency regulation myself. I revisited the Seven Words, and all the court cases that resulted when Pacifica radio played the routine during the day when, shudder, kids might hear it. I realized and appreciated that the Seven Words were no mere comedy routine; rather, they were brilliantly imaginative political commentary and speech, a devastating indictment of not just indecency regulation, but the hypocritical society that promoted it, and worthy of the highest First Amendment protection. Today, whenever I read an FCC decision solemnly parsing from high atop Mount Olympus why some word or image is or is not indecent, I can't help but think: What Would George Say? I especially wish I could hear his take on the FCC fining NYPD Blue for, shudder, showing a woman's bare butt, a verboten "sexual or excretory organ" -- a decision the networks were appealing to the courts on the day his death was announced. What fun he could have with that! But that would be too easy; he was on to skewering other sacred cows and hypocrites. Good for him.

George, never mind the $30. I miss you. All is forgiven. Come back soon. A YouTube of the Seven Words is here.

Ray Richmond wrote a wonderful and more professional tribute in the Hollywood Reporter: The sheer courage with which Carlin fought -- often alone -- to attack censorship and embrace free speech and expression leaves him in death as the most influential comedian of all time, surpassing even the venerated Lenny Bruce if for no other reason than Carlin stood the test of time in a remarkable 50-year career. He also never once modulated his voice to better fit in, driving himself to deliver a dissonant message often at the expense of his image. Carlin's so-called "7 Words You Can't Say on Television" routine that grew into a Supreme Court test case should be a footnote on his bio and nothing more, as overemphasizing it serves to imply that Carlin was a mere rabble-rouser and provocateur when in fact he single-handedly exposed the hypocrisy of language suppression. In challenging an antiquated status quo, he succeeded in changing our airwaves forever. You're allowed to swear today on HBO in part because Carlin helped pave that winding road. I came to idolize Carlin for his boldness, his fearlessness, his brilliance, his willingness to embrace an unpopular view (such as, say, being an uncloseted agnostic). And oh yeah, he also was breathtakingly clever and funny. George Carlin: an appreciation.

Barack Obama's Media Agenda: An Exclusive Interview

2008-06-16T08:12:32-04:00

Barack Obama and John Eggerton of Broadcasting and Cable had an exclusive email interview on media issues. Obama says, among other things: he is committed to working toward a digital-TV transition that is without significant disruption (the switchover would come less than four weeks after his inauguration); said the Federal Communications Commission needs to take merger reviews more seriously; asserted that FCC chairman Kevin Martin, like his predecessor, has tried to 'dismantle' rules that protect the public; and gave his thoughts on whether cable content should be regulated or its channels unbundled. Obama believes the consequence of consolidation has been less diversity, less local news and the parroting of stories across multiple outlets. That, he said, needs to change. In other words, the media is on notice: The potential new sheriff is in town, and he believes there is plenty of cleaning up to do. A must-read. Barack Obama's Media Agenda: An Exclusive Interview - Broadcasting & Cable.

GAO to Investigate Networks' Elimination of Independent Productions From TV

2008-05-22T07:54:16-04:00

Kudos to Senators Dorgan, Leahy, and Kohl, who asked the Government Accountability Office, the federal government's main investigative body, to look into charges that media consolidation has reduced opportunities for independent producers and programmers. In a letter, the senators wrote: "It is important that we understand the current media environment, the reasons for the drastic decrease in independent programming and the impact government laws and regulations have on the media industry." The senators note that some 50% of primetime television programming was independently produced in 1989 but only about 18% is now. Also, the solons said indie radio producers have reported "difficulty getting carried on radio stations, or if carried, under unfavorable conditions." Lawmakers plea for indie productions - Entertainment News, Radio News, Media - Variety.

Read more about the Senators' and the FCC's attempts to restore independent programming to TV on our website, here.

Democracy and the Web

2008-05-19T07:56:52-04:00

NY Times editorialized today in favor on Internet Freedom aka Net Neutrality, writing: This sort of discrimination would interfere with innovation. Many major Web sites, like eBay or YouTube, might never have gotten past the start-up stage if their creators had been forced to pay to get their content through. Content discrimination would also allow I.S.P.’s to censor speech they do not like — something that has already begun. Last year, Verizon Wireless refused to allow Naral Pro-Choice America to send text messages over its network, reversing itself only after bad publicity. Link: Democracy and the Web - New York Times.

And, at the Cable Confab in Nawlins, spokespersons for Obama, McCain, and Clinton all endorsed Net Neutrality, although differing on whether legislation was needed. Interestingly, former FCC Chair Michael Powell now speaks for the McCain campaign. Guess they patched it up after McCain led the Senate's charge in 2003 to overturn Powell's fanatical elimination of limits on media ownership. Link here.

Senate Votes to Block FCC's Cross-Ownership Rule Change

2008-05-16T08:32:01-04:00

The Senate by near unanimous voice vote passed a Resolution of Disapproval of the FCC's relaxation of media ownership limits. A similar resolution awaits House action. The President has threatened to veto it. Interesting, among the co-sponsors of the resolution are senators and presidential candidates Clinton and Obama. Said Obama about the Resolution: “We must ensure that we have an open media market that represents diverse voices throughout the country... The rules promoting the public interest and diversity in media ownership are too important for the FCC to accept an agenda supported by the Washington special interests I have fought against for more than one year." We agree. Link here.

Senator to ISPs: "Think twice" about 'Net neutrality... or else

2008-05-08T09:30:50-04:00

From Ars Technica: Pledging to use "every ounce of my energy to protect network neutrality," Wyden had a message for ISPs who might be pondering new charges for various forms of access: "think twice." If ISPs start down that road, they might soon find that they lose key legal protections including "safe harbors" and tax freedom. Wyden delivered his ultimatum at a Computer & Communications Industry Association conference in DC, where he cast the entire network neutrality debate in terms of a legislative compromise. Years ago, Congress began protecting ISPs from the twin threats of regulation and taxation; in return, ISPs were expected to deliver an unimpeded connection to the Internet. A move away from a neutral 'Net would undermine the "very philosophical underpinnings of what we fought for for the last 15 years," according to Wyden. If that happens, he sees no reason for Congress to continue sheltering ISPs. Finally, politicians are using language Big Cable and Big Telco understand and respect. Those industries have enjoyed protection for their monopolies from Congress, and all that protection needs to be rethought if they try to use it as leverage to take over the Internet. Link: Senator to ISPs: "Think twice" about 'Net neutrality... or else.

Sprint's WiMax -- Will Google Transform Big Cable/Telco or Become Them?

2008-05-08T07:55:49-04:00

Harold Feld of the Media Access Project has a terrific analysis of the potentially transforming announcement by Sprint and ClearWire of their wireless broadband joint venture with Comcast, Time Warner Cable, Google, and others. ...after seeing Google break my poor little heart in the 700 MHz auction after I was so utterly convinced they would bid to win, I am very definitely reserving judgment here. Because while I keep hoping that this is all part of Google acting to alter the wireless world by making it more open, I cannot overlook the possibility that this is the world of giant corporate incumbents altering Google to be less of a threat. Read all of it at: Wetmachine: Harold Feld's Tales of the Sausage Factory.

House Addresses Net Neutrality

2008-05-07T07:13:55-04:00

Variety report on the Tuesday hearing held by the House Subcommittee on Telecommunications and the Internet on a proposed bipartisan bill intended to ensure open access to the Web: "Hannah Montana" exec producer Steve Peterman, speaking on behalf of the Writers Guild of America West, described the Internet as "the new TV" and the best of the diminishing opportunities for independent artists to reach a large audience. Media consolidation over the last 15 years had reduced a once "rich marketplace of ideas" into a tightly controlled environment ruled by seven congloms that determine "nearly all of the information and content we see," Peterman said. "Because this small group now acts as producer, studio and network, there has been an inevitable stifling of creativity and diversity, and because they maintain a chokehold over distribution, there has been nowhere else for the creative community to go," he declared.Peterman said the ready availability of the Web as an exhibition platform is appealing to many writers weary of "notes from 30 executives with no sense of humor. Unlike the current studio system, the Internet makes it possible for content creators to retain both ownership and control of the quality of what they create. The Internet also provides the audience -- the American public -- with a virtually unlimited menu of news, information and entertainment content from which to choose. But all of these bold new possibilities rely on Net neutrality." Peterman said WGAW was therefore endorsing the proposed bill, called the Internet Freedom Preservation Act, which would essentially codify the Federal Communications Commission's principles of Internet openness. Link: Congress addresses net neutrality - Entertainment News, Technology News, Media - Variety.

Creative Voices Seek FCC Carve-Out for Indie Productions

2008-04-29T17:24:04-04:00

In the FCC's proceeding on "Localism," Creative Voices and a broad coalition of public interest groups asked the FCC to promote creativity, diversity, originality, and just plain better TV by changing its rules to allow independent producers not affiliated with the broadcast networks -- like the people who made All in the Family, The Cosby Show, Murphy Brown, and The Rockford Files -- to again make TV for primetime. For more details and a copy of our filing, go to this link: Center for Creative Voices in Media: News. Read the Broadcasting and Cable article on our filing, here.

Hollywood taking sides in network neutrality debate

2008-04-29T08:41:57-04:00

The LA Times has some good quotes in its story on Net Neutrality: "If the outcome is the studios will have preferred access for delivering content because of a deal they would get with the [Internet service providers], I think that would be a really bad thing for the industry," said Gilles BianRosa, chief executive of Vuze Inc., a Palo Alto-based company that uses a version of BitTorrent technology to let people watch and share video, music and games.

(Justine) Bateman, best known for her role in the 1980s as Mallory Keaton on "Family Ties," said other actors and producers should be more concerned."You need to have a distribution avenue that's free and open, and that's the Internet," Bateman said in an interview. "I don't think it occurred to anybody that would be threatened. But, boy, you could get 5,000 more witnesses if you start spreading that around in Hollywood." Link: Hollywood taking sides in network neutrality debate - Los Angeles Times.

MPAA, RIAA going steady with ISPs

2008-04-25T07:59:57-04:00

Looks like our prediction in our recent HuffPo post was spot-on that Big Media has made its deal with broadband ISPs to exempt its content from the ISPs' discrimination and degradation on the Internet in exchange for supporting the ISPs against net neutrality rules. Variety reports that at an Institute for Policy Innovation panel addressing online piracy, leaders of Hollywood, the recording industry and the wireless industry touted the beginnings of a long-term relationship built on a foundation of making the Internet a thriving market for legal content and a dead end for bootleggers. "We're all in this together," said MPAA chairman-chief exec Dan Glickman.

"We're moving toward a world where all our interests align," said RIAA chairman-CEO Mitch Bainwol. "The long-term relationship is much more complex and partner-based," Bainwol said, suggesting that congestion, while a serious issue for content generators and ISPs alike, is only one common interest. Could it possibly be that degrading and discriminating against video that competes with Big Media, Big Cable, and Big Telco could be another "common interest?" We'll predict again what we did in HuffPo: You'll see a very hot place freeze over before Comcast or any other ISP blocks Big Media's Hulu.com video distribution service, while at the same time they'll freely block BitTorrent and other competitors. Link: MPAA, RIAA going steady with ISPs - Entertainment News, Music News, Media - Variety. Read our HuffPo post for more detail and analysis, here.

Senate Panel To FCC: Take Your "Deregulation" and Shove It

2008-04-24T21:17:56-04:00

The Senate Commerce, Science and Transportation Committee approved a rarely used "Resolution of Disapproval" that would roll back the FCC's latest attempt to permit even more media consolidation and concentration. A similar resolution has been introduced in the House. But to become effective, the Resolution must be signed by the President, who has already promised to veto it. Sen. Byron Dorgan, D-N.D., said the resolution was meant to combat "galloping concentration" in the media. Link: FOXNews.com - Senate panel rejects new media ownership rule.