Tuesday, February 22, 2005
In New York, War Is Indeed Hell, but Only After 10 PM
Tonight's installment of Frontline on PBS featured military personnel in combat situations in Iraq. Not surprisingly, they use colorful language in certain situations. PBS sent stations a heavily edited version and required that they sign a waiver acknowledging that PBS could not protect them from the FCC if they wanted to receive and transmit the unedited version. This differed from the normal PBS policy where they would simply send out both versions and permit the stations to choose which to play. Editorialists have cleverly labeled the edited version the "War is Heck" episode.
I am glad that the New York PBS station didn't fully capitulate to this censorship by playing the edited version. They did, however, move Frontline from its normal 9 pm slot to 10 pm. This action got them out of the FCC's indecency guidelines. While obscenity is prohibited at all times, the Supreme Court has ruled that indecency in broadcast can only be prohibitted when children will be listening or watching, so indecency is only actionable from 6 AM to 10 PM. Indecency is "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities." In clear contrast to the plain meaning of this language, the FCC has ruled that in interpreting the "community standards for the broadcast medium", "The determination as to whether certain programming is patently offensive is not a local one and does not encompass any particular geographic area. Rather, the standard is that of an average broadcast viewer or listener and not the sensibilities of any individual complainant." Thus different standards don't exist between New York and Mississippi.
The three prong test for obscenity is: "(1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value." See Miller v. California, 413 U.S. 15 (1973).
The third prong prevents just about anything mainstream broadcasters would broadcast from being considered obscene. While I was a DJ at WQFS and was fighting for a safe harbor from 10-6, I tried to explain this to the management, but they could never understand the conjunctive nature of the test. All three prongs have to be met. The 1st Amendment ensures that material with artistic or political merit can be broadcast when young children are not likely to be listening. The FCC doesn't like this, so it tries to intimidate broadcasters. With small operations like WQFS it succeeds. They have to worry about periodically having their license renewed and can't afford to upset the FCC. WNET was willing to play the episode after 10 but still has to worry about retaining federal support in these days of reduced corporate underwriting.
I am glad that the New York PBS station didn't fully capitulate to this censorship by playing the edited version. They did, however, move Frontline from its normal 9 pm slot to 10 pm. This action got them out of the FCC's indecency guidelines. While obscenity is prohibited at all times, the Supreme Court has ruled that indecency in broadcast can only be prohibitted when children will be listening or watching, so indecency is only actionable from 6 AM to 10 PM. Indecency is "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities." In clear contrast to the plain meaning of this language, the FCC has ruled that in interpreting the "community standards for the broadcast medium", "The determination as to whether certain programming is patently offensive is not a local one and does not encompass any particular geographic area. Rather, the standard is that of an average broadcast viewer or listener and not the sensibilities of any individual complainant." Thus different standards don't exist between New York and Mississippi.
The three prong test for obscenity is: "(1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value." See Miller v. California, 413 U.S. 15 (1973).
The third prong prevents just about anything mainstream broadcasters would broadcast from being considered obscene. While I was a DJ at WQFS and was fighting for a safe harbor from 10-6, I tried to explain this to the management, but they could never understand the conjunctive nature of the test. All three prongs have to be met. The 1st Amendment ensures that material with artistic or political merit can be broadcast when young children are not likely to be listening. The FCC doesn't like this, so it tries to intimidate broadcasters. With small operations like WQFS it succeeds. They have to worry about periodically having their license renewed and can't afford to upset the FCC. WNET was willing to play the episode after 10 but still has to worry about retaining federal support in these days of reduced corporate underwriting.
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The first time I ever heard the word "fuck" it was on a PBS show about Vietnam vets when I was five.
We didn't have cable so instead of Rugrats, had to watch cursing old drunks with PTSD.
-frm
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We didn't have cable so instead of Rugrats, had to watch cursing old drunks with PTSD.
-frm
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