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FCC Rulemaking, Big Lebowski-style

"In regulation, as in sports, it is good to have clear rules." 

So writes FCC Commissioner Ajit Pai in a recent regulatory opinion. While this is a fairly pedestrian observation, it is Commissioner Pai's citation for this pearl of wisdom that makes it remarkable.

Cf. Walter Sobchak, The Big Lebowski (Polygram Filmed Entertainment 1998) (“Smokey, this is not ‘Nam. This is bowling. There are rules.”).

We do wonder, however, if Pai will apply Big Lebowski principles to the FCC's enforcement of indecency: 

THE STRANGER: Do you have to use so many cuss words?

JEFF LEBOWSKI -- THE DUDE: What the fuck you talkin' about?

Butts, Balls and the C-Word: What You Can and Can't Say on TV

The Hollywood Reporter tries to figure out the FCC's rules on broadcast "indecency."  And demonstrates just how confusing and arbitrary those rules are.

Butts, Balls and the C-Word: What You Can and Can't Say on TV - Hollywood Reporter.

Creative Voices' Statement on Today's Supreme Court Indecency Ruling

While we welcomed the Supreme Court's ruling that the FCC's findings of indecency against Fox and ABC could not stand, the Court's narrow decision means that creative media artists and the American public are in for many more years of uncertainty as to what precisely is or is not “indecent” under FCC policy, and whether that policy violates the First Amendment, as we believe.  Our full statement is at this link:

Center for Creative Voices in Media: News.

Tennis Channel Aces Comcast

Huge victory for independent cable channels.  An FCC Administrative Law Judge found that Comcast discriminated against independent Tennis Channel by carrying it on a far less attractive tier/location than similar Comcast-owned channels Golf Channel and Versus.

Tennis Channel Wins Program Carriage Complaint Against Comcast - 2011-12-20 21:09:42 | Broadcasting & Cable.

Distinguished Ex-FCCers Pan Commission's 'Victorian Crusade'

A bipartisan who's who of former FCC Chairs and officials tell the Supreme Court to overturn the Commission's indecency policy as unconstitutional.

Former FCC Chairs Slam Commission's 'Victorian Crusade' - Broadcasting & Cable.

CV Files Brief with Supreme Court in FOX v FCC

Creative Voices filed its brief with the Supreme Court in Fox v FCC, the case where the Commission found that fleeting epithets by Bono, Cher, and Nicole Ritchie uttered on live television were "indecent."  Last year, the 2nd Circuit Court of Appeals agreed with us, ruling that the Commission's decision violated the First Amendment.  The Supreme Court now has the case and will likely hear oral argument in January.  A copy of our brief is available here:  Center for Creative Voices in Media: News.

Janet Jackson Fine Overturned -- Again!

The eternal battle over Janet Jackson's 2004 Super Bowl "wardrobe malfunction," now in its 8th year(!), continues, with the 3rd Circuit Court of Appeals ruling for the second time that the FCC's decision to fine CBS for "indecency" was "arbitrary and capricious."  The ball is now in the FCC's court on whether to appeal to SCOTUS or reconsider its decision.  Center for Creative Voices in Media: News.

Diller: Cash Keeps Hollywood Quiet On Net Neutrality

Always interesting Barry Diller weighs in on what keeps Big Hollywood from speaking out on Net Neutrality when it poses such a potential threat to them -- cash money.  Diller: Cash Keeps Hollywood Quiet On Net Neutrality - Broadcasting & Cable.

DOJ Disconnects AT&T/T-Mobile

Susan Crawford expertly analyzes why the AT&T/T Mobile merger was such a threat to the open internet, one of the reasons among many that the DOJ today sued to block it on antitrust grounds.  AT&T/T-Mobile | Susan Crawford blog.

See You in SCOTUS

The Dept. of Justice appealed the Second Circuit's decision that the FCC's indecency regulations are unconstitutional to the Supreme Court. Creative Voices is a party in those cases and we look forward to participating.  WSJ report here.

FCC Fines of NYPD Blue Held Unconstitutional

We win again. The FCC's fines against NYPD Blue were found unconstitutional by the U.S. Second Circuit Court of Appeals, based on its recent decision in Fox v. FCC. The Court agreed with CV, an amicus curiae in the case, that the Commission's arbitrary and capricious indecency policy put creative, challenging, controversial, non-homogenized broadcast television programming at risk.

The Court's decision is here. Our discussion of the case and its principles are at Center for Creative Voices in Media: News.

FCC Indecency Policy Unconstitutional, Court Rules

CV applauds the ruling of the 2nd Circuit Court of Appeals in Fox v FCC that the FCC policy on broadcast indecency is unconstitutional and harms not only creative media artists, but the American public. In its well-reasoned decision, the Court cited several examples found in CV's Big Chill white paper of the "chilling effect" of the FCC's actions. We fully expect the Supreme Court to uphold this decision should the FCC choose to appeal it. The history of the case, our filings, and earlier commentary can be found here.

CV Discusses the National Broadband Plan and Indecency - Podcast

1070 WINA - Charlottesville Right Now: 3-31-10 Jonathan Rintels.

Jonathan Rintels of Creative Voices in Media joins Coy Barefoot on WINA 1070-AM in Charlottesville, VA to discuss the National Broadband Plan.

Indie Producers Squeezed Out of TV, GAO Confirms

TV broadcast networks and major cable operators with ownership stakes in cable channels continue to squeeze independent TV producers and channels off the air, the Government Accountability Office reports. Creative Voices was pleased to have worked with GAO to document in this important report the chokehold that Big Media has over access to television.  In particular, GAO found "major broadcasters produced about 76 to 84 percent of prime time programming hours.

Full article and links to the GAO Report are here.

National Broadband Plan

The FCC gets a standing ovation from independent media artists for its visionary National Broadband Plan. The economic, social, and cultural benefits of this critical 21st century investment in networking all our nation’s communities together via the Internet will vastly outweigh its cost, connecting artists directly with their audience and enabling more high quality media choices at lower cost. Add universal broadband’s proven benefits of economic development, improved health care, greater access to education, energy conservation, homeland security, and government transparency, and it’s clear that implementing the National Broadband Plan will significantly improve the lives of Americans for generations to come.

We’re particularly gratified that the FCC’s National Broadband Plan incorporates many of the goals, rationales, and strategies contained in two reports we’ve authored: AN ACTION PLAN FOR AMERICA: Using Technology and Innovation to Address Our Nation’s Critical Challenges, for the Benton Foundation, and The Case for Universal Broadband in America: Now! Both reports are available at our website.

Read more about our view of the National Broadband Plan here.

The Censorship Chronicles -- Interviews with Leading Creative Voices

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

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

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

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

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

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! 

Read more about the ACTION PLAN here.

Supreme Court Hears Fox Profanity Case

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

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

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

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

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

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

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!

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"

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

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"

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

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

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!

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

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

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

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

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

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.