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FCC's Powell vs. Howard Stern on KGO-AM

Lauren Weinstein writes "Greetings. Tuesday morning on KGO-AM radio in the San Francisco Bay area, host Ronn Owens was interviewing FCC Chairman Michael Powell when Howard Stern called in. The resulting exchange was certainly interesting. The audio clip is available via my blog.

51 of 602 comments (clear)

  1. well... by Anonymous Coward · · Score: 5, Funny

    that was fast.

  2. Howard Stern - King of Publicity by Anonymous Coward · · Score: 4, Interesting

    I told people 6 months before his sattelite deal that he was going to jump when his contract expired and all his complaining was just an excuse for it. Now he's just keeping his name out there and his value up.

  3. Your server is soo fucked. by tacubo · · Score: 5, Funny

    Who the hell would post and link to an audioclip on their server to slashdot.

  4. ugh by Quasar1999 · · Score: 4, Insightful

    How about a transcript? I can't very well listen to audio, especially not howard stern at the office... ;)

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:ugh by srain · · Score: 4, Funny

      Stop censoring him!@#!!!@

    2. Re:ugh by pavon · · Score: 4, Informative

      Same here. Can't find a transcript, but here is an article from the San Francisco Chronicle.

    3. Re:ugh by Rei · · Score: 5, Informative

      Fact Check Time:

      "2 of the 5 in the FCC board that rules for the fines are Democrats" and "in fact, I was nominated by Clinton"

      http://www.fcc.gov/commissioners/

      "The FCC is directed by five Commissioners appointed by the President and confirmed by the Senate for 5-year terms, except when filling an unexpired term. The President designates one of the Commissioners to serve as Chairperson. Only three Commissioners may be members of the same political party. None of them can have a financial interest in any Commission-related business."

      In short, Bush picked all of them (Powell was simply retained; the others were newly appointed - all but Adelstein in 2001, with Adelstein being in 2002), and he *had* to have at least 2 Democrats on there - so naturally, he picked Democrats with a strong interest in opposing regulation of media mergers and with strong opposition to "indecency". Clinton *had* to pick some Republicans, and hence, Powell.

      "and was more than qualified"

      Michael Powell has the least experience in telecommunications and media of all of the board members.

      "When the Senate approved a bill allowing for increased fines to be levied it was voted for 99-1."

      The bill was riding on a defense spending bill - voting against that would have been politically suicidal. So, it came down to what the Democrats could pull off in committee. They got the fines lowered from 500,000$ to 275,000$,
      The amount fines were raised to (275,000$), and included a rider that rolled back a recent FCC media ruling (something Sununu fought tooth and nail to keep out).

      "Stern - I'm an ATTN whore"

      Ok, this one is true. :)

      --
      POTUS Witch Hunt tracker: 75 charges filed against 19 witches, 4 witches cooperating and 5 witches have pled guilty.
  5. Michael Powell by Eudaemonic+Pie · · Score: 5, Insightful

    The funny part I heard on the radio this morning was Michael Powell denying his family connections had anything to do with his appointment. I would have more respect for him if he had combined his answer 'look at my resume' with an acknowledgement that all political appointments are just that -- political.

    1. Re:Michael Powell by Austerity+Empowers · · Score: 4, Interesting

      I think he did a good job of cutting Stern down to size actually.

      The problem is that Stern is just a paid loudmouth, saying things to get a reaction. Since he does no actual research or background checking, EVERYTHING he says is just speculation. It could be true that Powell's appointment to the FCC is phony, but Stern has no evidence of it.

      It could also could be true (though I doubt it) that Powell has a personal vendetta against Stern. Again, Stern doesn't even have a good conspiracy, just "free speech" and "I have the highest fines". Powell's response was simply, "Right or wrong, you broke the law".

      It would appear (not shockingly) that Stern only agreed to this whole thing just to keep his name out there as being controversial. He has as little valuable to say now as he did 5 years ago.

    2. Re:Michael Powell by HowlinMad · · Score: 5, Insightful

      He is allowed to challenge them in court, but here is the problem. Until the case is settled, or Viacom pays the fines, the paperwork to buy more stations, renew licenses, etc is halted. This effectively puts them out of business unless they pay the fine because they cannot afford to have that freeze while the court case is on going. Effectively, Stern cannot go to court.

    3. Re:Michael Powell by SallyMac · · Score: 5, Insightful

      Exactly, which makes the whole system suspect, as well as damaging to the first amendment. If you can't, without completely ceasing your buisness operations, fight what you believe is an unjust claim, it's a useless system.

      --
      cleverly disguised as a responsible adult ||
    4. Re:Michael Powell by TomServo · · Score: 5, Informative

      You obviously do not listen to the show (your previous posts about "accidentally stumbling on it" earlier notwithstanding). He doesn't say "f*ck", in fact, he doesn't say any of the seven dirty words, bleeps out callers who do say it, and generally yells at them until they stop doing it.

      He follows all the concrete obscenity rules to the letter. The incidents in question all revolve around situations where he said things that were deemed to be indecent by "community standards", nothing that was clearly delineated as indecent or not.

      The incident that caused Clear Channel to pull out was over a guy who was on the show talking about something involving anal sex. Recently, Oprah had a guest on who talked about that subject at length, and it regularly is a topic of conversation on Loveline, hence Stern's claim of a double-standard, where he's fined but neither Oprah nor Loveline are.

      Yes, the show does go for shock value. However, it also has intelligent conversations. It's also often quite funny. And he doesn't say "f*ck". When I want just straight intelligent conversation, I listen to NPR instead (which I often do). The cool thing is, I have a choice as to which I like to listen to on any given morning. If I feel like laughing, I'll listen to Stern, otherwise I'll listen to NPR.

      In the end, though, you're busy accusing Stern of doing things he doesn't do in order to make your point, however you don't listen to his show. I don't bash Rush Limbaugh's show because I don't listen to it...I don't know what I'm talking about. You might consider doing the same.

    5. Re:Michael Powell by PenguiN42 · · Score: 4, Insightful

      Your analogies and reasoning are so off-base that I'm honestly not sure where to start.

      Yeah. We shouldn't shut down businesses conducting illegal activities until after they've failed their appeals several times.

      1) Allowing "indecency" on the air is not a criminal activity.
      2) There's no "appeals" here. There wasn't even a court case to begin with. There was a panel deciding to levy a fine, with no chance for the company being fined to challenge it yet. Are you saying that every time any allegation is laid upon any business that the business should be shut down immediately before they even have a chance to defend themselves? Even with criminal cases, we have a little concept called "innocent until proven guilty," and in the cases where the activity is too dangerous to allow to be continued, that's why we have injunction orders, which can stay in effect throughout the appeals process.
      3) The business wasn't legally being "shut down" as a consequence of its activity. There were sneaky regulations in place that would make it business suicide to challenge the fine or do anything other than immediately pay it.

      Howard Stern is completely within his rights to challenge the rules and law - but he can't tell Viacom what to do, and Viacom has to keep revenue up.

      Ok, fine, that's true.

      What you are proposing is similar to allowing drug dealers to continue selling on the streets after conviction and fines until they've had a few appeals fail.
      #1 above
      #2 above
      4) No, it's similar to forcing someone out of business unless they immediately plead "guilty" to a criminal drug charge.

      Once the ruling or conviction is made you can go ahead and contest it, but allowing the activity that caused the rulling to continue is worse.
      #2 above.
      5) So you can contest unfair rulings against your business only *after* you're forced OUT of business? What's the point?
      Let me emphasize a point made in #2 again -- in case the activity needs to be ceased, we have the power of INJUNCTIONS against the activity. The FCC didn't file any injunctions against viacom. Your argument falls apart.

      This is what individual stays of judgement are for. On a case by case basis, a judge can allow continued operation until the appeal is completed.
      #2 again.
      #3 again. Let me emphasize this, as well. There was no place for a "stay of judgement" since there was no actual judgement against viacom that was stopping them from doing business. There were arbitrary FCC REGULATIONS that were stopping them from doing business until they payed the fines. You can't rule a stay of judgement against that.

      Apparently Viacom did not see this as a viable option.

      Because it was a NON EXISTENT OPTION. See above.

      It doesn't matter what Howard thinks - the fines were against his employer or client, not against him. All he did was record an audio stream - he did not himself broadcast it.

      Well this is a separate issue. But you don't think that fines levelled against a show negatively impact the people who run and produce that show?

      --
      The following sentence is true. The preceding sentence was false.
    6. Re:Michael Powell by secret_squirrel_99 · · Score: 5, Insightful

      If you can't, without completely ceasing your buisness operations, fight what you believe is an unjust claim, it's a useless system. Yeah. We shouldn't shut down businesses conducting illegal activities until after they've failed their appeals several times.

      This is hardly the same thing. There is no LAW involved here. This is an FCC rule. It can therefore not by definition be illegal. Furthermore these rules are without judicial oversight, and without due process

      Howard Stern is completely within his rights to challenge the rules and law - but he can't tell Viacom what to do, and Viacom has to keep revenue up.

      Viacom via its former president Mel Karmazin has repeatedly said that they feel they are in the right and desire the opportunity to challenge these fines in court

      What you are proposing is similar to allowing drug dealers to continue selling on the streets after conviction and fines until they've had a few appeals fail..

      An even more ridiculous analogy. In your case these drug dealers have been convicted. They've had the opportunity of due process, they've been before the courts and they've been convicted. Show me where any of these things happens in the case of fines imposed by the FCC..

      Once the ruling or conviction is made you can go ahead and contest it, but allowing the activity that caused the rulling to continue is worse..

      Oh but there goes that pesky constitution again. They (stern and infinity) are entitled to Due Process. If the FCC believes it can show that there is impending harm to the public they can file for injunctive relief. A judge (remember judicial review? ) can then make the determination whether or not a temporary injunction is warranted.

      This is what individual stays of judgement are for. On a case by case basis, a judge can allow continued operation until the appeal is completed..

      Again completely circumventing Due Process.

      Apparently Viacom did not see this as a viable option. It doesn't matter what Howard thinks the fines were against his employer or client, not against him. All he did was record an audio stream - he did not himself broadcast it..

      Viacom has again said repeatedly that they have chosen to pay the fines, because once they have filed appeals, paperwork mysteriously vanishes, license application mysteriously become embroiled in additional redtape and their ability to operate going forward is crippled. One should have nothing to do with the other, but yet once they pay the fines and withdraw the suits, thing miraculously re-appear.

      the fines were against his employer or client, not against him. All he did was record an audio stream - he did not himself broadcast it..

      This time. Sadly Congress has now passed legislation making individual broadcasters as well as their employers liable. They've also raised the individual fines to a maximum of $275,000. While a few individuals like Stern might be able to afford a fine like that, the average broadcaster would be ruined by such a fine. As a result their speech is tempered, probably further than it needs to be. This is the textbook definition of chlling-effect.

      --
      If privacy had a tombstone it would read "We did it for your own good" . -- John Twelve Hawks
  6. Re:Mirror by OverlordQ · · Score: 4, Informative

    And why not throw up the Coral as well.

    --
    Your hair look like poop, Bob! - Wanker.
  7. Re:I'm not American by ratamacue · · Score: 4, Insightful
    I can't vote Nov 2 because I'm not American... but the result will still affect me. You get out there and vote, dammit!

    What if the result of more people voting is exactly the opposite of what you want?

  8. Who do you fine? by blackmonday · · Score: 5, Interesting

    Oprah didn't get fined for talking about tossed salads on her show, Bono didn't get fined for saying the horrible F word on live TV. But after janet's nasty boob popped out, they pulled a 3 year old tape of the stern show and deemed it indecent, then fined Viacom the biggest indecency fine in history. The point is, how are radio people supposed to jnow what's indecent, when they pull 3 year old stuff to fine you with? Michael Powell is the head of the FCC, and is responsible for this nonsense. I hope he's replaced very soon.

    1. Re:Who do you fine? by Enrico+Pulatzo · · Score: 4, Informative

      Actually, the FCC flip-flopped on the Bono incident. They originally deemed the context to be not indecent, then decided that any use of the f-word is vulgar. I don't recall (nor do I feel like searching for it) whether they decided to fine Bono.

    2. Re:Who do you fine? by One+Louder · · Score: 4, Funny
      Well, duh, that's because Bono, Oprah and Janet Jackson are all well-connected ultra-right-wing Republicans!

      Right?

  9. What about the Lesbians? by syntap · · Score: 5, Funny

    Did Howard forget to bring them up? What kind of Stern shows this ?!?!

  10. Transcript of the call by poot_rootbeer · · Score: 5, Informative

    Transcript of the conversation can be found on Jeff Jarvis's Buzzmachine.

    (Sorry Jeff)

  11. It's not what you know.... by xThinkx · · Score: 4, Insightful

    Come on, seriously now, who HASN'T gotten at least one job from a friend/family member/spouse/etc. I understand that this is a bit bigger, but powell saying he got the job because of his resume and not his father is like Paris Hilton saying she's famous because she's pretty. There are a lot of unfamous prettier people and a lot of more qualified candidates for this position not named Powell.

    --
    Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
    "
  12. Well ... by the+bluebrain · · Score: 5, Funny

    "The audio clip is available via my blog."

    That's a self-negating statement if I've seen heard one.

    --
    yes, we have no bananas
  13. Re:Mirror by otisaardvark · · Score: 4, Informative

    Here's a tip but it's not well publicized (esp useful to people on dialup)

    STEP 1: Open your favourite text editor (or operating system, as the case may be ;-)

    STEP 2: Type in "http://brokenwindow.ca.nyud.net:8090/images/Stern _Call.mp3" without the spaces put in by /. and without the doublequotes.

    STEP 3: Save it as "whatever.m3u". Open it in the media player of your choice, and it will be streamed instead of downloaded. Hurrah!

  14. He's gotta stop this.. by B0bbi · · Score: 5, Interesting

    As much as I like Howard Stern's radio show, he's really hurting his own cause at this point.

    Accusing Michael Powell of nepotism will get him air time on the Today show, but it hardly has the same impact of Jon Stewart taking on the Crossfire hosts on the actual ISSUES in media.

    By the way, I strongly suspect that's what's happening here...Jon Stewart is getting a lot of positive attention appearing on other people's shows, 60 Minutes, Crossfire, so Howard Stern jumped on the bandwagon. There's a huge difference, though. Jon Stewart made valid, well thought out points, backing them up with facts, even quotes from his show, even though he certainly had an axe to grind.

    Howard just called Michael Powell names. I'd expect that from Stuttering John.

    One more year and Howard will be off the terrestrial radio and onto my Sirius - then the FCC can go after Oprah all it wants. Supposedly they truly are investigating her. Sure.

    He should just stop this childish behavior for now and leave things alone, he's not helping his case at all.

  15. After hearing the clip by RealAlaskan · · Score: 5, Interesting
    After listening to Stern and Powell on the clip: Stern is a childish, stupid jerk. Powell is a slick politician.

    Powell handles himself well: he can talk sense on the fly. I'd say he has a lot upstairs. Much of what the FCC has been doing is pretty wrong, but that's what politicians do, and we can't even give Powell all the blame, since he's not the only FCC commissioner.

    Stern didn't make much sense, and didn't want to hear anything that didn't fit his conspiracy theories. He sounded spiteful and small. At least his ``good luck to Michael Powell'' sounded sincere. Maybe he realizes that without the notoriety the FCC has given him, he probably wouldn't be moving to satellite radio.

  16. A censored mirror is not a mirror by Anonymous Coward · · Score: 5, Insightful

    Please dont represent it as one.

  17. transcript by L.+VeGas · · Score: 4, Informative

    Stern: Ronn, hi.

    Owens: Is this who I think it is?

    Stern: Yeah, and I want to say hi to the commissioner and a friend of mine told me the commissioner said he was going to be on the show....

    The commissioner has fined me millions of dollars for things I have said and consistently avoids me and avoids me and I wonder how long he will stay on the phone with me.

    Owens: Go ahead and ask your questions.

    Stern: Hi, Michael, how are you?

    Powell: Hi, Howard, how are you?

    Stern: Does it make you nervous to talk to me?

    Powell: It does not....

    Stern: All right, so well, I've got about ten zillion questions for you because you honestly are an enigma to me.

    The first question being: How did you get your job? It is apparent to most of us in broadcasting that your father got you your job. And you kind of sit there:

    You're the judge, you're the arbiter, you're the one who tells us what we can and can't say on the air and yet I really don't think you're qualified to be the head of the commission. Do you deny that your father got you this job?

    Powell: Well, I would deny it exceedingly. You can look at my resume if you want, Howard. I'm not ashamed of it and I think it justifies my existence. I was chief of staff of the antitrust division, I'm an attorney, I was a clerk on the court of the United States I was a private attorney I have the same credentials that virtually anyone who sits in my position does and I think it's a little unfair that just because I happen to have a famous father and other public officials don't that you make the assumption that is the basis on which I sit in my position.

    Owens: Caller already asked this question so move on....

    Stern: So out of all the people that sit on the commission, you were moved to the head of the class. I don't buy your explanation but OK.

    You know, the thing that amazes me about you is, you continually fine me but you're afraid to go to court with me and I'll explain myself if you give me a second:

    Fine after fine came and we tried to go to court with you to find out about obscenity and what your line was and whether our show was indecent, which I don't think it is. And you do something really sneaky behind the scenes. You continue to block Viacom from buying new stations until we pay those fines.

    You are afraid to go court. You are afraid to get a ruling time and time again.

    When will you allow this to go to court and stop practicing your form of racketeering that you do by making stations pay up or you hold up their license renewal?

    Powell: First of all, that's flatly false.

    Stern: It's not false. It's true.

    Powell: I'm afraid it is. There's no reason why Viacom or any other company who feels that they have been wrongly fined can't sue us in court. We have no basis whatsoever to prevent them from going to court.

    Stern: You're lying. I've lived through your fines, Michael. And Mel Karmazin came to me one day and said, Howard, we're gonna have to pay up some sort of cockamame (sp?) bunch of fines that we don't we're wrong because we can't get our paperwork done. We are finding it increasingly difficult to boy radio stations. I know you're not telling the truth. And I question why you are selected to be one who is the FCC commissioner....

    I'm going to Sirius satellite radio....

    Owens: That's the question I was going to ask. Now he's going to go to satellite. One of the things that I read is that there are people who said cable TV, satellite radio, that ought to fall under the aegis of the FCC that content there...

    Stern: Nobody's saying that... That's not going to happen. Michael knows that. This is the guise of the public airwaves. Michael's a Republican He knows that the marketplace....

    Owens: By the way, weren't you appointed by Clinton?... No, no, no, no, he was appointed head of the FCC by George W. Bush.

    Powell: Howard, the only thing I would ask is that if we're going to b

  18. Smoke and bombast by tgeller · · Score: 5, Insightful

    I read the transcript. Regardless of whether you agree with him, Powell held his own with dignity and respect. Stern's used the "Big Lie" strategy: Repeat something enough, and it seems like truth. Fine for entertainment, appalling for matters of law. Top that with ad hominem attacks and stonewaling, and you get quite a performance.

    I'm disgusted, and hope he loses big.

    --
    Tom Geller
    1. Re:Smoke and bombast by SallyMac · · Score: 4, Interesting

      I'm a rather large Howard Stern fan myself, but I must agree with you. Howard is much more elequent than he showed with yesterday's confrontation, and he lost sight of the issues by simply jumping on the wrong ones when he had the chance to finally talk to him. It's dissapointing that what could have been an intelligent debate on the first amendment turned into a great big "YOU SUCK" from Howard. Michael Powell came off very well.

      --
      cleverly disguised as a responsible adult ||
  19. Re:Mirror anyone? by jaredmauch · · Score: 4, Informative

    mirror here. The full file is 2,068,115 bytes. It's over half done, and should be finished fairly quickly. I've mirrored other content in the past, so if anyone wants me to host stuff, let me know.. i've been fairly reliable :)

  20. Re:Community Standards by geomon · · Score: 4, Insightful

    Freedom of speech isn't an absolute freedom.

    Fair enough. Your right has been terminated. You opinions are no longer community accepted and you are hereby denied the right to speak.

    How does it feel to have the cannon pointed at you?

    --
    "Rocky Rococo, at your cervix!"
  21. Howard not being singled out? by KatchooNJ · · Score: 5, Insightful

    I find it amusing that they deny that Howard has been singled out by the FCC... meanwhile, he received over 50% of the fines that the FCC slapped on broadcasters over the past five years.

    Now you tell me if that isn't showing that they are trying to use him as an example! ;-)

    --
    "Never give up, for that is just the time and place when the tide will change." -Harriet Beecher Stowe ^_^
    1. Re:Howard not being singled out? by stratjakt · · Score: 5, Insightful

      Right after Howard goes off the air, Powell agrees that there are probably morning zoo shows in any given market that are worse.

      I think Stern's real point is valid. If there are limits, they need to be clearly defined and uniformly applied. If it's OK for Oprah talk about tossed salads and rainbow parties, then it should be the same for Howard or anyone else. If Bono can say the F word, then so should anyone else.

      Hell, I've heard plenty of nasty stuff on dial-in Teeny Loveline shows.

      The fact is, the FCC arbitrarily decides case by case. Powell ducks answering on the Oprah thing by saying it's "still under review at the commission". She won't be fined. She's too popular.

      His comment that they won't let him come to court is valid too. You cant renew a license or buy another station with unpaid fines. So to start a legal fight regarding a fine would essentially mean shutting down Viacom.

      --
      I don't need no instructions to know how to rock!!!!
  22. Excuse you? by wombatmobile · · Score: 5, Informative

    why doesn't stern organize mass complaint filings

    He did.

    ...sit back and see what happens.

    He did.

    then if the fcc takes no action on thousands of letters, he can genuinely talk about hypocricy

    He did. That was the clip you were commenting on.

  23. Re:Why did Powell agree to do this interview? by Lumpy · · Score: 4, Insightful

    sod off.

    Howard was as self controlled as ANYONE could get confronting someone that is specifically targeting them personally.

    Powell IS unfairly doling out his "justice" and certianly is trying to make stern into an example.

    As I said earlier, I am no Fan of Howard, but he has some very legitimate points.

    Personally, Howard was very nice and acted well for a person finally getting to confront his tormenter.

    --
    Do not look at laser with remaining good eye.
  24. But who makes that distinction? by Alzheimers · · Score: 4, Insightful

    Everyone needs to remember that the purpose of the airwaves is to serve society and the public at large. Broadcasting something that 70-80% of the public at large finds patently offensive does not serve the public interest.

    That public would say the same thing about all those "Vote for Candidate X" ads running over the airwaves right now. If you listen to the people running these campaigns, it's not just a battle for the White House but a moral crusade against the forces of evil right now. Each side is so convinced that the other will bring chaos and ruin to our society that they get a good Two Minute Hate in every time the other party's ads come on. So to let the current administration decide what should or should not be broadcast over the public waves that, in your words, "...the public at large finds patently offensive" is a dangerous course of action.

    Do I listen to Howard Stern? No.
    Do a lot of people I know listen to him? Yes.
    Should I be able to dictate to them what they should or should not listen to based on my personal opinion of him? No.

    It's a classic case of "I may despise what you say, but I'll fight to the death to protect your right to say it". If we censor Stern (who is strongly anti-Bush, if that's a coinsidence I'll eat my shoe) today, who do we censor tomorrow? Jon Stewart? Any dissenting voice that the administration feels is a danger to the country? I live in NYC, I remember the peaceful protestors around the RNC this year, and how they were prevented from holding an organized event because of the politics of our city. It disgraced our city, and our way of life, and condoning such totalitarian behavior only makes things worse.

    1. Re:But who makes that distinction? by Reality+Master+101 · · Score: 4, Insightful

      It's a classic case of "I may despise what you say, but I'll fight to the death to protect your right to say it"

      No. This is not about censorship. No one is saying Stern doesn't have a right to say what he wants to say. There is no right to a platform for someone's speech.

      It's exactly as if some vagrant was shouting obscenities on a street corner. A policeman has the right to get rid of the vagrant, because he's a public nuisance.

      Stern is a public nuisance on the airwaves.

      --
      Sometimes it's best to just let stupid people be stupid.
    2. Re:But who makes that distinction? by Auckerman · · Score: 5, Insightful

      "If we censor Stern (who is strongly anti-Bush, if that's a coincidence I'll eat my shoe)"

      If memory serves correct, Stern was one of the post 9/11/04 converts to Bush (along with the likes Dennis Miller) and did a 180 after the fines started going out.

      Stern is right though, his show is no more racey than Ophra's. What we see happening is a case where laws are being selectively enforced. It's okay to talk about very overt sexual subjects in the feel good context of womens liberation, but in the "dirty context" of sex is fun. It's all about framing.

      --

      Burn Hollywood Burn
    3. Re:But who makes that distinction? by Enry · · Score: 5, Informative

      No, he did a 180 before the fines. He read Al Franken's book and he really despises this administration. He's typically pro-Republican - Whitman, Guliani, and Pataki all had good things said about them on his show and at least Whitman said she credited Stern with winning in NJ.

      He backed Bush on Iraq, thinking they were an imminent threat to the US. Now that he sees they were not nor were they ever a threat, he's done what a lot of people did and started questioning the war. Not long after, he was dumped by Clear Channel stations and not long after that, fined by the FCC.

    4. Re:But who makes that distinction? by DaveJay · · Score: 4, Interesting

      Actually, Stern started questioning the actions and motivations of the Bush administration after reading one of Al Franken's books, and was fined heavily for indecency about a week later.

      Given that the fines were imposed for previously un-fined on-air behavior more than a year old (from his pro-Bush days), Stern's interpretation of the timing of this action was that the fines were a rebuke from the Bush administration for criticizing Bush, delivered via the FCC. The rebuke, if that's what it was, served to focus Stern's anti-Bush rhetoric and strengthen his resolve.

      As it happens, the FCC made an even bigger mistake than you'd think, because it did more than reinforce the idea that the current administration was attempting to censor opposing political voices on the airwaves -- it also provided Stern with a clear 3-step process for profit that would makes the gnomes proud:

      1. Attract significant publicity and encourage FCC hostility by pointing out the FCC's hypocracy of ignoring smutty behavior while Stern praises Bush, but punishing identical behavior the moment Stern criticizes Bush.

      2. Convince satellite radio companies that you can use the resultant outrage to motivate a huge listening audience to invest in satellite radio receivers.

      3. PROFIT!

  25. LINK HERE!!! by Kwelstr · · Score: 4, Informative

    Ok, this is the link to the KGO radio archive, the Stern call comes up at about 30 minutes into it.

    http://rope.kgoam810.com/archive/kgo09.ram

    --


    ~~~Please pass the salt, I hate unsalted MD5s :-/
  26. Re:Howard starts with the cheap shot... by bigpat · · Score: 4, Insightful

    Cheap shot? When someone sits in a position of moral judgement over others, everything is fair game. Judge not others lest you be judged, remember?

    It is a undeniable that Powell got his position because of politcal favor. Powell doesn't actually deny that it played a role, just that it wasn't "the only basis." To deny it is silly. I suspect that Clinton owed Colin for not running against him in 1996 and there were probably many other reasons as well. But it is perfectly fair to point out that someone who sits in moral judgement of others is no priest himself and does sit in his position purely on his own merits.

    That said, I don't think that it is fair to say that Powell is particularly unqualified, just that no one really is qualified and it is a shame on us that we can't figure out a better way to behave than to go around taking money from people who say things that we don't like.

  27. Re:Mirror by pqdave · · Score: 4, Insightful

    Selective enforcement of vague rules gives regulators too much power. The rules need to be clear enough that professionals in the field know where the limit is, and the limit should be the same for everyone. If the defacto rules change (as they did post-JanetBreast) there needs to be clear notification, and the new standards should not be enforced retroactively.

    If it's true that Stern is suddenly being fined for 3 year old bits, that's wrong. If they were indecent 3 years ago, he should have been fined then, otherwise the FCC should concentrate on his current actions. On the other hand, if they wait before complaining, they've got 3 years worth of material to levy fines on before Stern can adapt.

    And I don't see how most current music is of any more public value than Stern or Janet's breast

  28. Re:Mirror by marsu_k · · Score: 4, Insightful
    Regardless of how popular Stern is, the public is not well-served by his language or on-air antics.
    This has always been very amusing for me about the US: you can't swear on broadcast media, nor can you show any nudity (a nipple, god forbid!). But it's totally fine to show violence as much as you like. Personally I'd find a nipple (or the occasional "fuck/shit/etc") to be much less harmful to children than showing people get shot/stabbed/axed/etc in most graphical ways. But then again, I'm not from the US.
  29. Re:Mirror by DjReagan · · Score: 4, Insightful

    Broadcasting something that 70-80% of the public at large finds patently offensive does not serve the public interest

    And banning something that 20-30% of the public doesn't have a problem with does?

    --
    "When I grow up, I want to be a weirdo"
  30. Re:Mirror by underCat · · Score: 5, Insightful

    I've always loved this quote.

    If you suck on a tit the movie gets an R rating. If you hack the tit off with an axe it will be PG. ~Jack Nicholson

    Sig? No, thanks. I don't smoke.

    --
    Sig? No, thanks. I don't smoke.
  31. Re: FCC Power by fyngyrz · · Score: 5, Insightful
    The FCC should not have so much power over the media.

    The FCC should not have any power over the content of media broadcasts. Regulation of station location and power to make sure they don't interfere, first come, first serve license allocation, that should be the beginning and the end of their little feifdom.

    As it is, the FCC is just the (very) sticky little fingers of a wildly out of hand government. Blatant promotion of superstition over reason, inspiring fear of the power structure using fines and jail and confiscation as tools, supporting business monopolies for content management, and exercising broad control over rank and file sexuality and speech - this is what the FCC does in the domain of audio and audiovisual broadcasts. They have usurped the role of the parent and blunder madly about the broadcast media space, restricting speech and content left and right.

    We can't do anything about it, either. Well, short of lively revolt, we can't. In the USA, citizens can't create law, can't dispense of bad law, and can't vote on created law. Nor can citizens elect anyone who might be able to effect such changes. That's what we get for letting them foist off a republic on us.

    Bend over, Mr. Stern. Just about the time you get on satellite broadcast, no doubt in my mind at all they'll be regulated by the FCC as well.

    Why do I say that? Intuition, driven by this experience: Every time I hear the boneyard (XM channel 41) guys say "fuck", I cringe, knowing some religious wacko out there is writing a letter to Michael Powel and crew. You watch. I'm not much for predictions normally, but I think this one, you can take right to the bank.

    Sirius is exactly like XM in this context - exactly. You have to realize that satellite isn't like cable. It is not locked to a physical location; it is broadcast through the air, and anyone can hear it emanating from a car, from a boombox in some kid's hand, out of a business's doors, etc. I should know. I own five of the darned things. I'm one of the people that the sound of satellite radio hangs around like a raucous, crazed aura. I bought my kids XM receivers, and told them it was the "sound of freedom." I also pointed out that it wasn't likely to be allowed to persist, that they should enjoy it while they could.

    My advice to everyone is get satellite radio now, while it is still the wild west of broadcast media. It is tons more fun than terrestrial sources at this point in time; but I don't think it can continue this way. You can bet your last dollar that the controlling elements that run the system are planning to legislate XM and Sirius into line with the rest of the censored media. Then what you'll have is simply higher fidelity blandness. The gold rush is now. That's exactly why Howard Stern is making the transition. But just as he sees the gold, so does the government, and it is absolutely certain, 100% supported by US history, that they don't like free speech. At all.

    --
    I've fallen off your lawn, and I can't get up.
  32. Re:Mirror by Anonymous Coward · · Score: 4, Insightful

    Oh really?

    I can't watch a football game on cbs with my kids in the room (5 & 3) because of the COMMERCIALS for CSI. Rotting corpses and the like. This will give them nightmares.

    Boobies will give them happy dreams.