Posted on By Richard T. Kaplar

Those “Outlaw” Television Networks?

George Carlin’s death on June 22 came only days before the 30th anniversary of what has become his legacy in Washington policy circles: The U.S. Supreme Court’s Pacifica decision.

That ruling centered on Carlin’s comedy bit "Seven Words You Can Never Say on Television" (commonly known as the “Seven Dirty Words” routine), and guided the FCC’s enforcement of so-called “indecent” broadcast content for the next 30 years.

The Parents Television Council took the opportunity of Pacifica’s anniversary July 3 to hammer the networks for daring to challenge the FCC’s indecency-enforcement regime.  “The broadcast medium remains uniquely pervasive," said PTC President Tim Winter.  “It’s time for the broadcast networks to obey the law instead of undermining it.”

The networks have indeed challenged a number of FCC indecency findings in recent years, reaching U.S. Courts of Appeal in the Second and Third circuits, and now the Supreme Court.

But the challenges have revolved, for the most part, around how the FCC defines and then goes about enforcing its indecency standards (now with a new emphasis on profanity as well) – rather than on the underlying law. 

The question has generally been whether the FCC’s interpretation of the law is valid, and whether the FCC is applying that interpretation in a way that is not arbitrary and capricious.  The networks have every right to challenge the FCC’s interpretation and actions, as they are presently doing.  That does not make the networks lawbreakers, as Mr. Winter disingenuously implies. 

Posted on By Patrick Maines

Some People “Get It.”

Imagine our relief, just when we thought that nobody cared, as we read the editorial in the Dallas Morning News.  Published on July 4th, and titled "All hail the First Amendment," it recounts the ordeal of Canadian journalist Mark Steyn, the subject of recent posts here. The editorial is reprinted below, with permission, in its entirety.

Editorial: "All hail the First Amendment"

On the Fourth of July, the day we celebrate America’s liberty and independence, it’s worth contemplating how much more free America is than most other nations in the West.

Why?  The First Amendment to the U.S. Constitution.  How very much depends on these 45 words:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

"The First Amendment really does distinguish the U.S., not just from Canada but from the rest of the Western world," says writer Mark Steyn, who’s learning it the hard way.  Mr. Steyn and Maclean’s, the top-selling Canadian magazine, have faced human rights charges in British Columbia.  Their alleged offense?  Maclean’s published a Steyn essay critical of Islam, which prompted Muslim activists to
file formal charges accusing the writer and the magazine of violating Canada’s hate-speech laws.

Last Friday, the national Human Rights Commission dismissed the charges, but they’re still pending in front of a provincial panel.  The victory is less than what it appears.  For one thing, defending against the charges cost the magazine hundreds of thousands of dollars.  For another, it is frightening to think that a human rights panel has the right to decide what can and cannot be published in a
free country.

It’s not just Canadian critics of Muslims whose speech is under attack.  The Alberta Human Rights Commission ruled that the Rev. Stephen Boissoin had broken the country’s hate-speech laws by criticizing homosexuals.  Last month, the panel ordered the minister to pay damages, apologize and desist from criticizing homosexuality for the rest of his life.

Similarly, the Ontario Human Rights Commission recently ordered a large Christian social service ministry to abandon its statement of faith as discriminatory against gays and to send its employees to diversity training.

Free speech also is in trouble in Europe.  Last month, a French court fined actress and animal rights activist Brigitte Bardot $23,000 for violating hate-speech laws.  Complaining about Islamic sheep-slaughtering customs, Ms. Bardot had said Muslims were "destroying" France.  In May, British police arrested a teenager for calling Scientology a "cult" at a peaceful demonstration.

Also that month, police in The Netherlands arrested Dutch cartoonist Gregorius Nekschot on suspicion of incitement to hatred and discrimination for cartoons alleged to be anti-Muslim.  The Dutch police, who have established a branch to
investigate cartoons, recently brought in proprietors of a Website critical of multiculturalism to explain comments left on the site.

None of this could have happened in the United States, where the right to say what’s on your mind, no matter whose feelings it may hurt, is considered vital to the self-government of a free people.  The First Amendment means that in our liberal democracy, we have to tolerate speech many of us find obnoxious or offensive.  But it affirms that enduring hateful or distasteful oratory is far less dangerous than giving taboos on controversial speech the force of law.

It is not too much to say that all of our freedoms depend on the First
Amendment, for if we cannot speak and worship freely, we are on the road to tyranny.  On Independence Day, and every day, we must be grateful for the foresight of the Founders, who understood as no others in their position had before or have since, how sacred freedom of speech is.

When Thomas Jefferson famously said that he would rather have newspapers without a government than government without newspapers, he meant that freely and widely expressed opinions are the true foundation for a successful government of the people, by the people and for the people.

In an observation that cannot be improved upon, the Colonial-era Freeman’s Journal editorialized: "As long as the liberty of the press continues unviolated, and the people have the right of expressing and publishing their sentiments upon every public measure, it is next to impossible to enslave a free nation."

God bless America – and God bless the First Amendment, which protects and serves rich and poor, liberals and conservatives, secularists and believers, and all those privileged to call themselves Americans.


  

Posted on By Richard T. Kaplar

The Real Problem With Radio

Washington radio icon Chris Core was given the boot in February after 33 years behind the microphone at WMAL-AM in the Nation’s Capital.  He was part of a cost-cutting move by the station’s owners, who also fired the entire on-air staff of sister station WJZW-FM.

Marc Fisher, a Washington Post reporter who had written “The Listener” radio column since 1995, wrote his final column and signed off June 1, as he lamented the passing of “the kind of eccentric, iconoclastic voices that made radio so alluring from the 1950s into the ’80s.”  Now, Fisher says, the talent is “mostly anonymous and amateur.”  The implication: Radio in the Washington, D.C., market isn’t worth writing about anymore.

Critics of “media concentration” will be quick to seize on the tales of Core and Fisher to “prove” that big is bad.  They will tell us that the multiple-station ownership practiced by big companies like Clear Channel and Citadel (which now owns WMAL) is the root cause of all that is wrong with radio today, from the loss of “localism” to the homogenization of programming.

Unfortunately, these critics will be exactly wrong.  Media concentration is not the cause of radio’s problems – it is an effect of something else entirely: the fragmentation of audiences that has come about as exploding technology has given the public a whole new panoply of delivery platforms.

Listeners (and especially young listeners) are getting their audio fix via satellite radio, Internet radio, cell phones, and PDAs, and can create their own mix on iPods and MP3 players.  Don’t forget free HD radio and, soon, free Internet radio in cars.  The always-philosophical Core recognizes that “radio stations have to either evolve from their traditional ways or wither.” 

Kenneth J. Goldstein, president of Communications Management Inc., presciently observes that fragmentation not only is the cause of consolidation (as station owners try to re-aggregate audiences), but also of cost pressures, less localism, content sharing, and stretching the boundaries of taste. 

Regrettably, policymakers are being bombarded with the big-is-bad “concentration myth” by critics of multiple ownership.  However, until policymakers understand the issue correctly (i.e., realize that media consolidation is merely one effect of technology-driven fragmentation), the debate is fated to be an uninformed waste of time.  And any policy “solutions” that spring from such a spurious debate are almost sure to be catastrophic.

Continue reading “The Real Problem With Radio”

Posted on By Patrick Maines

The Silence of the Lambs

The failure of mainstream U.S. journalists even to mention the abominable trial of Canadian journalist Mark Steyn speaks volumes about the state of the industry, and about the speech-killing nature of political correctness.

As my colleague Rick Kaplar posted here last week, Steyn is being tried in Canada by one of that country’s “human rights” tribunals.  His crime?  He wrote a book, subsequently excerpted in the Canadian journal Maclean’s, to which members of the Canadian Islamic Congress took offense.

Never mind for a minute the impact of this on Mr. Steyn, or on those Canadians who, even without the benefit of a First Amendment, understand and believe in freedom of speech.  The stomach-turning aspect of this affair is the ovine response of virtually the entire U.S. press corps.

With the exception only of a handful of conservative journalists, plus a New York Times reporter writing for the International Herald Tribune, the saga of Mark Steyn and his persecution by a kangaroo court, formed under the auspices of Canada’s Human Rights Commission,  has been completely ignored.

In private conversation, a number of explanations have been offered for this phenomenon: It is a foreign affair; the U.S. media, newspapers particularly, are preoccupied with more pressing matters; worse things are happening to journalists, and to freedom of speech, all over the world.

I don’t buy any of it.  In the first place, we’re talking about Canada, not Eritrea.  Secondly, how much effort or money does it take to write an editorial, news, or feature story?  And as for worse things happening, well, that may be, but this one is quite bad enough.

A better explanation would be that, second perhaps only to the academy, U.S. media are the most politically correct institution in American life.  And few people are more politically incorrect than Mark Steyn.

In February of this year Christopher Hitchens wrote a piece for Slate called “To Hell With the Archbishop of Canterbury.”  Written in the saucy style for which he’s well known, Hitchens’s ire was prompted by a speech given by the Archbishop in which he suggested that  aspects of sharia, or Islamic law, should be adopted in Britain as it would ‘help maintain social cohesion.’

There is little doubt that, had Hitchens’s piece been published in a Canadian newspaper or magazine, it would have given offense to the same people who have initiated the proceeding against Mr. Steyn.  The difference, of course, is that Hitchens’s piece wasn’t published in Canada, and so therefore neither he nor his publisher can be fined or sanctioned.

As shown in the link above, the excerpt from Steyn’s book is disturbing and provocative.  But it is also unmistakably political speech — the kind, in other words, generally accorded the highest value by those who believe the press is indispensable to a democratic society. 
 
Fortunately, there are some Canadians who understand that point.  In a press release issued last month, the British Columbia Civil Liberties Association announced it had applied for leave to intervene in Steyn’s trial.  In the language of the president of the association: “Freedom of expression is a fundamental democratic value.  Citizens of a democracy should be trusted to form their own judgments about the views expressed by others, including controversial and offensive comments.  The BCCLA will seek to protect basic Charter rights so that opinions on all matters, including religion, can continue to be debated freely and without fear through all media of communication.”

Despite the mounting evidence of the harm it causes, political correctness in the U.S. has so far escaped the opprobrium it  deserves.  Far from being the language of the enlightened, political correctness is the lingua franca of those who believe in control rather than debate, the very essence of totalitarianism.

Posted on By Richard T. Kaplar

The Threat to Free Speech Is Just Across the Border

Note to American journalists: Step across the border into Canada and you will give up every vestige of your right to free speech and free press. If you write a piece that someone finds offensive or that merely hurts his feelings, you may end up facing trial before one of Canada’s “human rights” tribunals that collectively boast a conviction rate in the range of 100%.

Hard to believe?   Just ask Mark Steyn, widely regarded as one of Canada’s finest journalists.  He recently went on trial before one of these kangaroo courts in British Columbia because a group called the Canadian Islamic Congress didn’t like a book excerpt of his that appeared as an article in Maclean’s magazine. 

The Islamic group claimed that the excerpt from Steyn’s book America Alone engaged in “spreading hatred against Muslims” – despite praise from other journalists such as Rich Lowry, who calls the piece “a sparkling model of the polemical art” and lauds its “profound social analysis.”

No matter.  Before the national Canadian Human Rights Commission and its provincial counterparts, truth is no defense.  And there is no requirement to prove harm.  All you have to do is disagree with the writer’s point of view.  Forget freedom of speech.  Lowry quotes one of the national commission’s principal investigators as saying: “Freedom of speech is an American concept, so I don’t give it any value.”

It is incomprehensible to think that freedom of speech and press have been so thoroughly brutalized within the borders of our northern neighbor.  Equally unbelievable, however, is the fact that the plight of Mark Steyn has been greeted with such a stunning and nearly universal silence by U.S. media.  With a handful of exceptions like Lowry, American journalists have completely ignored this travesty to the north. 

It’s true that Steyn and Lowry both are conservatives – Lowry is editor of National Review  – but I don’t want to say the deafening silence is driven by ideology.  (One of the few other Americans to break the silence, for example, is New York Times reporter Adam Liptak, writing in the International Herald Tribune.)  I think it’s a matter of journalistic indifference to something that’s not happening here.

Yes, it’s a Canadian matter.  But threats to free speech and free press transcend borders.  Especially when the threat is this serious, and the border this close.  That makes it our matter, too. 

Final note to American journalists:  WAKE UP!!

Posted on By Patrick Maines

The (Il)liberal Critics, Part II

Unless you hang in the fever swamps of the hard Left, you’re probably not aware that the group calling itself Free Press hosted last weekend the fourth annual National Conference for Media Reform.  Like the name of the host organization,  “media reform” is more a euphemism than a description of the group’s real agenda.  Mostly, what they’re interested in is using government to yoke the media — broadcasting in particular — to their ideology.

And what an ideology it is!  The president and founder of Free Press is one Robert McChesney, a professor of “communications” at the University of Illinois.  And he writes books. His latest, published by the book-publishing arm of what Wikipedia calls “an independent Marxist journal” (Monthly Review, of which McChesney was co-editor from 2000 to 2004), is titled The Political Economy of Media (PEM).

I recently sprang for the purchase of PEM because I saw that the good professor had written a chapter about the First Amendment.  Titled “The New Theology of the First Amendment: Class Privilege Over Democracy,” this chapter reveals, in remarkably transparent language, how real is the threat to the First Amendment from the Left.

But judge for yourself.  Herewith, some of McChesney’s observations on the subject, in a chapter that deals primarily with his unhappiness with the ACLU for its advocacy of what he characterizes as “extensions” of the First Amendment:

"In the hands of the wealthy, the advertisers and the corporate media, the newfangled First Amendment takes on an almost Orwellian caste.  It defends the right of the wealthy few to effectively control our electoral system, thereby taking the risk out of democracy for the rich, and making a farce of it for most everyone else.  These semi-monopolistic corporations that brandish the constitution as their personal property eschew any public service obligations, and claim that public efforts to demand them violate their First Amendment rights, which in their view means their unimpeded ability to maximize profit regardless of the social consequences….

"The job for progressives and activists, then, is to raise holy hell about our corrupt electoral system and our bogus corporate media system, and make it a key target of a social movement that takes direct aim at social inequality and class privilege….  And in the process of doing so we need to pressure the ACLU to return to its roots as a force for justice and democracy, or expose it as a liberal fig leaf for plutocracy."
 
PEM features more of the same — lots more — but you get the idea. The class struggle, the proletariat versus the bourgeoisie, the whole nine yards.  So the question you may be asking is why?  Why even mention Free Press or Robert McChesney? It’s not, after all, as though views such as his, or missions like that of Free Press, hoary and ludicrous though they are, are all that rare among academics in the liberal arts, or among left-wing activist organizations.

Sorry to say, the explanation is that Free Press is gathering strength among policymakers and regulators, many of whom (one hopes) are unaware of the group’s ideological underpinnings.  This, because the mainstream press have told us virtually nothing about the organization.  No I-teams or investigative reporters; no “following the money trail” here.  Though the group was only formed in 2002, it is these days accorded a matter-of-fact acceptance by mainstream journalists that is breathtaking.

Though Free Press is said to be the beneficiary of substantial funding from George Soros, the billionaire currency speculator and serial hypocrite, you can’t prove it by anything either party has divulged.  The only clue, shown in an IRS filing, is that the Soros-funded Open Society Institute is listed as a contributor.

Through its lobbying arm, the Free Press Action Fund, the group worked the halls of Congress recently in an ongoing campaign to undo the modest liberalization of media ownership rules recently enacted by the FCC.  And just last weekend, two FCC Commissioners, Michael Copps and Jonathan Adelstein, were featured speakers at the above-mentioned National Conference for Media Reform.

If, as appears to be the case, liberalism in the U.S. is on the rise, it’s going to be interesting, and perhaps of some moment, to see how, and in what ways, liberals deal with hard Left activists like the Free Press crowd.

Posted on By Patrick Maines

The (Il)liberal Critics

One of the most underreported stories in the country today is the extent to which media bashing–formerly the almost exclusive preserve of conservatives–is these days being waged by liberals and leftists.

From blogs like DailyKos and the Huffington Post, filled to the gunwales with attacks on “corporate media,” to “media reform” groups like Free Press, Media Matters for America, and the Orwellianesque  FAIR (Fairness and Accuracy in Reporting), liberal activists are sounding and acting more and more illiberal. Indeed, they sound and act like conservatives.

Hardly a day goes by that at least one of them fails to fault the mainstream media for their coverage, or non-coverage, of some issue in which they have an ideological investment. And when that’s not enough they don’t hesitate to call on policymakers for laws or regulations they think would help promote their political views.

In this and in other ways, the Left’s assault on the media is virtually indistinguishable from that of the Right. The conservative Parents Television Council petitions the FCC for sanctions on TV indecency; the left-leaning Free Press petitions the FCC to stop media consolidation. Media Matters purports to expose “conservative misinformation” in the  media; the Media Research Center “leads in documenting, exposing, and neutralizing liberal media bias.”

Both sides incorporate “content analysis” as a research tool, and both organize letter-writing campaigns aimed at Congress and the FCC.

But it’s the rise of liberal media bashing that is the newer and more worrisome thing, because liberals have a past history of tolerance for free speech.

The transparent lie among all organized media bashers is that their attacks are objective and selfless. They are not. Ideologues see the media as a kind of blackboard on which to write and spin their political opinions. This, and nothing else. Not fairness. Or accuracy. Or a free press.

Posted on By Patrick Maines

Cross Ownership: That ’70s Show in the Senate

There they go again. No, not the FCC.  This time it’s the U.S. Senate, still worried after all these years that the same company might own a newspaper and a TV station in the same market.  The Senate recently passed Senate Joint Resolution 28, which cancels a very modest attempt by the FCC to relax the newspaper-broadcast cross ownership rule in the nation’s top 20 media markets.

In effect, the Senate is saying that ownership of newspapers and TV stations should be restricted just as it was in 1975 when the rule was adopted – when viewers in big cities were lucky to get six over-the-air channels, and “cable” was still the “community antenna” in rural areas.

The effort to relax or even eliminate the cross ownership ban has gone on for years, even as the FCC was repealing virtually all of its other ’70s-era ownership restrictions.  The FCC’s action on Dec. 18 wasn’t much, but it was still too much for a Senate that’s apparently afraid to move out of the 1970s.

John F. Sturm, president and CEO of the Newspaper Association of America, summed it up when he said: “It is incomprehensible that Congress would shackle local newspapers – and only newspapers – with a ban that fits the eight-track era, but not the iPod world we live in.”

There is no logical reason for the Senate to act this way.  Could the reason be political?  Congress and the FCC are routinely barraged with mass e-mails orchestrated by various interest groups.  The magnitude of these mailings can appear far greater to policymakers than it really is.  Think of the man behind the curtain in "The Wizard of Oz."

A popular policy target of such groups has been “media consolidation,” always portrayed as a looming evil.  But in today’s economic environment, multiple ownership of media outlets has become an economic necessity – a matter of survival. 

Critics fear that “consolidation” will result in fewer voices and viewpoints reaching the public.  The real danger, however, is that media voices will be lost as struggling newspapers and broadcast outlets are forced out of business, suffocated by antiquated rules that prevent them from taking advantage of the economies of scale that come with multiple ownership.

It will be ironic indeed if the anti-consolidation forces triumph, leaving us with less rather than more media diversity.  The politically timid Senate is playing right into the critics’ hands.  It’s time for our solons to pitch their eight-tracks and reach for an iPod. 

Posted on By Richard T. Kaplar

Where Are the First Amendment Champions?

First Amendment advocates must acknowledge a stark reality:  Too many players in the new generation of digital media either do not understand the First Amendment, or think the First Amendment is irrelevant to their piece of the digital action, or both.    
   
This is a dangerous situation because these digital gurus are the future of America’s media.  Are they eager to uphold constitutional principles like freedom of speech?  No.  Their interests revolve around technological innovation, software and hardware applications, content availability, distribution platforms, consumer acceptance, cost per unit … business considerations wherein technology and the marketplace trump policy concerns.  What does this bode for the future of free speech and free press as we know it?
   
Right now, the equipment manufacturers appear to be the standard bearers for the First Amendment rights of the new media.  Their Washington reps at the Consumer Electronics Association aren’t afraid to invoke free-speech arguments in policy circles.  But even within this industry, and certainly among the new media generally, we have yet to see emerge an entrepreneur or company head willing to lead the First Amendment fight in the way that William Paley championed freedom of speech in an earlier era.
   
We need a new generation of First Amendment champions.  They must, of necessity, be recruited widely from the ranks of the new media.  Before they can be champions, however, they must be educated about the First Amendment.  They must realize that the First Amendment will prove utterly and crucially relevant to all manner of digital media in coming years.  And they must be willing to embrace our cherished constitutional guarantee of free speech and free press as their unqualified ally.  

Posted on By Patrick Maines

Taking Care of Business

The challenges facing broadcasting as an industry have been told so often there’s no need to recite them all here. Unfortunately, broadcasters’ understandable focus on business issues is being offered up by some as an excuse for doing little to protect the First Amendment, even in matters directly related to broadcasting, like FCC v. Fox Television Stations.

There’s no doubting the industry’s need for communications policies–in areas like ownership, public interest obligations, and carriage– that are broadcaster friendly. But that is emphatically not a good reason for broadcasters to diminish the fervor with which they promote their own, and everyone’s, freedom of speech.

Just the opposite. As policymakers consider laws and regulations governing things commercial and technological, it is all the more important that broadcasters rigorously defend constitutional principles, lest they too be swept up in the general mayhem.

Going forward, broadcasters are going to be much more in the content business than the signal distribution business. And as the Internet, like cable and satellite before it, takes on more content distribution (including broadcast content) it is going to be very important for broadcasters to be free to incorporate programming that they think best.

This is exactly what is at stake in the Supreme Court’s review of the FCC’s crackdown on indecent speech.  The FCC is looking to impose content controls on broadcasters that they would not, and cannot, impose on the Internet. This, despite the fact that actual pornography, as distinguished from “fleeting expletives,” is ubiquitous on the Net.

Broadcasting faces a commercial and technological future with which it may, or may not, be able to adapt. But there is no scenario under which broadcasting survives if its content is controlled by government, or dictated by special interest groups masquerading as “media reformers.”