On December 15, 1791, the United States Congress ratified the Bill of Rights. In this Bill, there were 10 Amendments to the Constitution. The 1st Amendment stated: “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 of the right of the people to peaceably assemble, and to petition the government for a redress of grievances.” (Bill of Rights, #41) In the 1st Amendment, the freedom of speech is guaranteed to citizens. Freedom of speech is important because it allows demonstrators of the other two rights (freedom of press and freedom of religion) to speak freely about how they feel and what they believe. Also, freedom of speech is vital to social change. This has been shown in the cases of tyranny, such as Fidel Castro in Cuba, when a tyrannical ruler takes over, speech is the first thing to go (Freedom of Speech, www.fos.org, #23).
I will show how the First Amendment has protected Howard Stern from the Federal Communication Commission.
There are few limits on freedom of speech. The first is stated by Supreme Court Justice Oliver W. Holmes, “the misuse of free speech to create a clear and present danger may be punished by the government.” (Freedom of Speech, www.fos.org, #22).
Secondly, during a time of war, freedom of speech is limited and Sedition Laws are placed into affect (Freedom of Speech, www.fos.org, #23).
The Term Paper on Free Speech First Amendment 2
FREEDOM OF EXPRESSION -- SPEECH AND PRESS Adoption and the Common Law Background Madison's version of the speech and press clauses, introduced in the House of Representatives on June 8, 1789, provided: ''The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be ...
This is when people
are prevented from speaking out against the government. Lastly, freedom of speech is limited on the radio and television systems. These limitations are set by the FCC (and challenged by Howard Stern).
The Federal Communications Commission (FCC), was established in 1934. The agency was set up to regulate communications over the radio, TV, telegraph, and most recently, the Internet. The FCC regulates content in movies, by setting the ratings, and on radio and television. The regulations on television are set by TV ratings, such as TV-14 or TV-MA. The first rating means the show is suitable for viewers who are 14 years or older. The second rating means that the program is suitable for mature audiences only. Broadcasters who broadcast content that is against FCC policies are fined (FCC, www.fcc.gov).
During the 1970’s and 80’s, the FCC defined indecency using a narrow policy called the “7 Dirty Words Policy”. Each of the seven words would fall into the definition of indecency used today. However, this policy was very narrow, and not specific enough. It faced tough criticism from broadcasters and was later modified (Stengal, 1987, #32).
Currently, the FCC’s definition of indecency is: “language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcasting medium, sexual or excretory activities or organs” (Whitley, l988, #39).
The FCC punishes those who violate their regulations for the broadcasting of
indecency. Stations who broadcast “indecency” can either face a fine or a suspension of their license.
Among those punished by the more narrow policy was George Carlin, a stand-up comedian who, in 1976 mocked the policy on the air. He did this by stating one of the words, pausing, and then stating another, he repeated this for all seven of the words. In the ruling against Carlin, the FCC developed the definition for indecency which they use today (Stengal l995, #34).
The FCC only takes action against a broadcast when there are complaints from the public about the content. In 1986, the agency recorded 200,000 complaints about offensive language on the radio waves. That same year, the FCC fielded 35 complaints from the Philadelphia listening area about a man named Howard Stern. Stern’s audience at that time in Philadelphia alone was about 500,000 (Stengal, 1987, #35).
The Essay on Overweight People Obesity Psychological Word
The article I am going to evaluate throughout this essay, fundamentally regards a mother whom lost over nine stone in weight so that, she claims, her four-year-old and her two-year-old daughters would not be embarrassed anymore. I believe this article, though brief, incorporates numerous psychological issues, which are present in daily life. The concerns are primarily socio-psychological in ...
Howard Stern is the host of his own talk-radio show. Howard talks about current events, which he also parodies. For instance, when Princess Diana died and the media coverage went on much longer than a lot of people thought was necessary, Howard made fun of Elton John’s tribute by writing and performing several of his own “tributes.” Words like “She left us yeah, yeah, yeah” were sung to the tune of the Beatles’s
“She loves you.” During Howard’s tribute, all the details of the death were mentioned along with Diana’s boyfriend’s name.
Each morning one or more celebrity guests appear on the show to either promote a new movie or book or just to talk. Howard asks very blunt questions of them and most people do answer. Some people think that Howard asks the questions that are on everyone’s minds and that Howard says what most people think. One guest that did take offense to Howard’s interview style was Richard Simmons. Howard was imitating Richard’s voice and mannerisms and Richard started to cry. He left the show and has never agreed to appear again. (Remnick, l997, #18).
On the air, many games are played. The guests usually participate if they have arrived yet. A few examples of games are Black Jeopardy and Guess the Jew. In the first game the players are all African American and all answers must be phrased in the form of the question beginning with “What be…”. The categories are also stereotypically African American. On Guess the Jew, celebrities are named and players have to guess which one of them is Jewish. Howard himself is Jewish. He puts himself down all the time about everything and then dwells on what is wrong with everyone else in the world. Howard’s jokes contain racial slurs or are about homosexuals, dwarfs, strippers, the homeless, and French people. Listeners seem to understand that Howard is an
“equal opportunity” comedian and no one is safe. Plus, his co-host and closest friend is Robin Quivers is black. (Remnick, l997, #17).
On the show along with Howard, there are three main people who support him and write for him. First off, there is Robin Quivers, she reports the news and is Howard’s sidekick. She laughs at his jokes, and sets him up to make more. When Howard is interviewing guests, Robin interjects with questions and comments to help Howard. She has her own opinion on subjects and does not always agree with him. In fact, once, Howard got her fired, but when he arranged to get her back, she refused. She agreed to return only after Howard went down on his knees and begged her, while kissing her feet in public. Then and there, he admitted that she was crucial to the show.
The Essay on Howard Stern Radio Show
Goodbye Good Programming When one thinks of original, successful radio shows in the U. S. , one show definitely comes to mind, Howard Stern. The Howard Stern morning radio show has been the most successful radio show on the radio for some time now. Howard Stern created a show unlike any other; it is a morning radio show that has it all. The show has interviews with famous people, listeners can ...
Next there is Jackie “the Jokeman” Martling. Jackie is Howard’s main writer of jokes and gags. He “feeds” Howard jokes throughout the show. Jackie will periodically come into any conversation with a funny voice or comment. Last, there is Fred Norris. He provides the technical support that Howard needs, including sound effects and voices that Jackie cannot do. In addition to being Howard’s co-host’s, Robin, Jackie and Fred are Howard’s closest friends (Remnick, 1997, #16).
Howard’s show is broadcast to 37 cities around the US and in Canada every morning from 6am-10:30am. Eighty percent of Howard’s listeners are in cars. Stations who want to have Howard on their
stations in the morning have to pay a certain amount of money, a syndication fee. When they have paid this, they can put Howard’ show on the air and advertise for it (Mifflin, l998, #3).
In 1995, Howard earned $8 million from the radio show. The show is also taped every morning by the E! Entertainment cable station and broadcast each night at 11pm EST. This nets Howard another $1.5 million a year (Remnick, l997, #12).
Some of the things that have gotten Howard into trouble are some specific racist and sexist acts (Levin, l997, #8).
Daniel Carver, a Ku Klux Klan member acts as Howard’s movie reviewer. Carver reviews such movies as “Amistad”, “To Kill a Mockingbird” and “Roots”. He also reviews movies where African Americans only play minor roles. His rating system consists of burning crosses instead of the thumbs up or down system used by Siskel and Ebert. If the movie is good, it receives 4 burning crosses, if bad, only one. In honor of Breast Cancer Awareness Month, Howard gave on-air breast examinations to women. The examinations came complete with a commentary from Howard, Jackie and Fred about the size, shape and appearance (Levin, 1997, #8).
The Essay on Brief History of Radio Broadcasting
According to an online article that was written by Gearbox (2011), the radio has become one of our most simple forms of broadcasting and communication. From helping connect soldiers on the front line of battle to entertaining the commuter on their ride to work, the radio is a part of everyday life. The article gives a brief history of radio broadcasting, in addition to how the low cost and ...
This action by Howard angered many women, who felt that his actions were degrading and sexist.
Sometimes on the show, Howard receives nude massages from willing female guests. Listeners are used to hearing him comment on the massage he is receiving on any morning. As a result of this
behavior, and for the crude jokes and “perverted” conduct, legions of Americans refer to him as the “anti-Christ”. This term was first given to him by an angry producer in the early 80’s at WNBC (Marin, l997, #51).
Howard, on the other hand, refers to himself as “The King of All Media”. In addition to the radio show, Howard wrote Private Parts, an autobiography. Ten thousand people came to Barnes and Noble in Manhattan, temporarily choking off 5th Avenue. The book sold more than 1 million hard cover copies in less than a few weeks. No book has ever sold as fast in the history of Simon and Schuster Publishing Company. The book was later made into a movie by the same name. Even though it has strippers and sexual innuendo, it is really about the value of hard work, following your dream and Howard’s faithfulness to his wife of 18 years, Allison (Remnick, l997, #12).
Recently, Howard has embarked on a deal with CBS that will give him his own late night TV show. The show will be syndicated and sold like the radio show, where affiliates will have the option to run it. If Howard’s TV show matches the characteristics of his radio show, he will definitely be pushing the FCC’s limits. These limits have already been pushed to a maximum this season with shows like “Dawson’s Creek”, “The Jerry Springer Show” and “South Park”. Howard has big plans for the show. According to Howard, “We’ll have sex, and nudity and
lesbians!”. The show will be going up against the 22 year old Saturday Night Live (SNL).
Lorne Michaels, the producer of SNL “welcomes the competition” that Howard will offer. Howard says of SNL, “Lazy, tired and old, plus, stiff and stodgy” (Mifflin, l998, # 2,3,4).
The Essay on How radio has changed
Radio has been existing since the 20th century; it has a great significance to every one of us, especially when it comes to entertainment. Through the years, we depend on the radio when traveling or relaxing at home, it is where we listen to music, news or even soap operas. Well the sound quality has increased dramatically. So has the amount of stations. When radio was first invented there was ...
Howard Stern and the FCC do not get along. For his crude behavior on the air, Howard has been fined and attacked by the FCC. Since the launching of the show 1986, Howard has racked up about $2.78 million in fines for indecency and obscenity (Staff, l997, #26).
Recently, the FCC attempted to curb Howard and others by imposing a law that said indecency could only be broadcasted between 12am and 6am on non-cable TV and radio. Howard’s show is currently on at 6am to 10:30am every weekday. The proposed law has been rejected three times by the US Court of Appeals. The law basically was designed to protect the interests of children from indecency. However, the FCC did not think of the interests of the adults, who listen to Howard Stern (Siegal, 1993, # 44, 45, 46).
When ruling on the case, circuit judge Patricia Weld stated;
“We can locate no evidence in the record that the government
has taken the 1st Amendment interests of adults into account
in advancing its compelling interest in the protection of children”
— Circuit Judge Patricia Weld
It is a good thing for Howard that the law was not passed. If it had been, it would have meant that the fines he faced for indecency in the morning could have been worse and he may have been taken off the air.
Overall, the 1st Amendment has protected Howard Stern by keeping him on the air. The FCC does their job by investigating complaints, but what it really comes down to is if you are offended by Howard you don’t have to listen.
Writer’s Comments:
This paper recieved an “A” in a High School English class. Good luck!
Bibliography
Levin, B. (l997, November 24).
Howard Stern and the Canadian morality
cops. Maclean’s, p 15.
Marin, R. (1997, March 3).
Miss congeniality. Newsweek, p58.
Mifflin, L. (l998, April 2).
CBS backs shock-talk radio host’s new TV job.
New York Times, p E-4.
Remnick, D. (l997, March 10).
The accidental anarchist. The New Yorker,
pp. 56-67.
Siegal, R. (1993, November, 24).
Court defeats FCC attempt to limit
broadcast indecency. {National Public Radio show All Things
Considered}.
Staff. (1997, September 8).
The Essay on Radio Control Office
The first radio regulatory office was known as the Radio Construction and Maintenance Section under the Telegraph Division of the Bureau of Posts. This section was charged with the enforcement of radio laws and regulations, particularly the provisions of Act No. 3396, known as the Ship Radio Station Law which was enacted on December 5, 1927. This law provides for the installations of radio ...
Shock-jock Stern v. the CRTC. Maclean’s,
p 58.
Stengal, R. (1987, April 27).
Radio daze: the FCC tries to clear the air.
Time, pp. 52-55.
Whitley, J.W. (1988).
The Broadcaster’s Survival Guide. New York: Baker
and Hostetler, p 58.
Internet Sources
Freedom of Speech. (www.fac.org) April 25, 1998.
Amendment 1. (www.cs.indiana.edu) April 25, 1998.
