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Change for a Quarter -- Creative Voices' Quarterly Update
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"Because original, independent, and diverse creative voices
enrich our nation’s culture and safeguard its democracy."
October 5, 2007
Contents:
* Free Speech Muzzled – and Protected
* America Needs an Internet that’s Fast, Open, and Everywhere
* Please Help!
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Free Speech Muzzled – and Protected
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Perhaps you saw that Fox TV censored Sally Field as she said while accepting an Emmy award, "Let's face it: if the mothers ruled the world, there would be no goddamn wars in the first place," even though nothing Ms. Field said violates FCC rules on objectionable speech. During the same telecast, an off color joke by Ray Romano was also censored, even though it violated no FCC rules. Said one Fox exec of the incidents, "You’re dealing with a regulatory environment that is so tough that broadcasters have to err on the side of extreme caution. That’s where it can have a chilling effect on free speech and/or creativity." Indeed, heavy-handed government regulation has so chilled free speech that even a guy from conservative Fox was moved to defend a liberal's right to criticize the war on the public airwaves.
Even Ken Burns, one of America’s most honored and respected filmmakers, is having his work censored. Many PBS stations deleted from Burns’ The War miniseries four profanities uttered by WWII soldiers for fear they may violate FCC “indecency” rules and result in fines of up to $325,000 per word per station. At the same time, other PBS stations broadcast the very same show uncensored, deciding those very same words did not violate those very same FCC rules.
Last year, in our report, Big Chill: How the FCC's Indecency Decisions Stifle Free Expression, Threaten Quality Television, and Harm America's Children, we predicted precisely this kind of chilling effect and confusion resulting from the FCC’s vague “indecency” rules. That’s why we joined broadcasters in suing the FCC in the Second Circuit Court of Appeals, arguing that the agency’s enforcement of its own rules is so arbitrary and capricious that it is unlawful, and forces broadcasters to censor speech that is appropriate and fully protected by the Constitution.
As you likely know already, we won this landmark case. In June, the Second Circuit threw out the FCC’s recent heavy-handed and inconsistent “indecency” decisions. This was a great victory for us, but more importantly, it was a great victory for the American public. Polls consistently show that the vast majority of American citizens do not want Big Brother to control what they – or their kids choose to watch on television.
Now, we hear that the Justice Department, on behalf of the FCC, will appeal their loss to the U.S. Supreme Court. Will the justices choose to take the case? We don’t know. But if they do, we look forward to once again standing up against regulation of free speech and expression that is both contrary to the law and opposed by the vast majority of the American people.
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America Needs an Internet that’s Fast, Open, and Everywhere
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For independent media artists – as well as the American public – the Internet is a refreshing oasis in a desert of dumbed-down, consolidated, and censored mainstream media. But it has the potential to be so much more. Studies show that if fast, reliable, and affordable broadband becomes available to all Americans, hundreds of billions of dollars of economic development and hundreds of thousands of new, good-quality knowledge worker jobs will be generated. Health care and educational opportunities will improve, while costs will be dramatically lowered. Homeland security and public safety will be enhanced. Citizens will have greater opportunities to participate in civic and cultural affairs, and create their own journalism and media.
All those benefits – and more – prompted President Bush, back in 2004, to establish a goal for his administration: fast and affordable broadband "in every corner of America by the year 2007." Not only has the administration failed to meet that goal, but since then America has actually fallen in the global broadband rankings from 10th to 15th.
In a few days, we’ll be releasing our latest report: The Case for Universal Broadband in America: Now! We will be working hard to spread the word about the tremendous benefits that a universal, fast, reliable, and open Internet will bring to not only media artists, but all Americans. Keep an eye on our website, www.creativevoices.us, or in your mailbox for this important, illuminating, and interesting report.
Note that we said universal, fast, and reliable Internet must also be open. We’d like to thank AT&T and Verizon, two of the nation’s largest broadband providers, for recently demonstrating so compellingly why the Internet must be open and free from content control by Internet service providers like them. Consider that:
AT&T recently censored Pearl Jam during its live Internet concert webcast when the band sang, to the tune of Pink Floyd’s The Wall, "George Bush, leave this world alone. George Bush find yourself another home. Those lyrics violate no government law or rule; AT&T just didn’t happen to like them. So, they censored them.
Verizon recently censored text messages sent from the National Abortion Rights Action League to Verizon cell phone subscribers who had voluntarily signed up to receive NARAL’s messages. Those text messages violated no government law or rule. Verizon just didn’t happen to like them. So, they censored them.
After a huge public outcry, both AT&T and Verizon claimed they goofed and shouldn’t have censored those instances of free speech. But they very carefully reserved the right to do so in the future, to whatever content they please. With independent journalists and artists increasingly using the Net to avoid the consolidated mainstream media and reach their audiences directly, we can’t let these Internet service providers control what Americans see, hear, and post on the Internet.
That’s why in comments to the FCC, the FTC, and on Capitol Hill, Creative Voices advocates “net neutrality keeping the Internet open to all content, not just the content that meets the approval – and serves the business interests of Internet service providers like AT&T and Verizon.
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Please Help!
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Increasing government and corporate threats to free speech, rampant consolidation and extreme concentration of media, and threats to an open Internet make this an extremely challenging time for Creative Voices. We greatly appreciate your tax-deductible contribution. Donations can be easily and securely made on our website. Or you can snail mail a check to our address below. Either way, be assured that your contribution will be put to good and careful use. Contributions of $100 or more receive a really cool gift.
And see why the press is writing about our Free Speech Store. Where else can you buy a Woman's Top that warns "Do Not Remove Without Permission of the FCC"? Or a "What the FCC Happened to Free Speech" mouse pad and coffee mug? Or a "Murdoch: It's Australian for Monopoly, Mate!" shirt? Wear your support for free speech and media reform on your sleeve! You can reach the store from our website or blog, or go directly to it at www.cafepress.com/creativevoices
We welcome your comments. And we urge you to pass on this newsletter to others who might be interested in learning more about us. Many thanks for your support.
If you have any questions or comments, please don't hesitate to contact me.
Best, Jon
Jonathan Rintels
Center for Creative Voices in Media
www.creativevoices.us
www.creativevoices.typepad.com (blog)
Center for Creative Voices in Media
1220 L Street, N.W., Suite 100-494
Washington, DC 20005
(202) 903-4081 (voice)
(202) 318-9183 (fax)
jonr@creativevoices.us
Creative Voices 3Q Newsletter
