Great TV watching on C-SPAN yesterday was accompanied this great item in the Wall Street Journal’s Washington Wire:
Was there any chance a hearing today on the television networks’ challenge to the Federal Communications Commission’s indecency rules wouldn’t be pretty entertaining? How often does noted Supreme Court specialist Carter Phillips get to drop the f-bomb (and worse) in open court?
C-SPAN talked the U.S. Court of Appeals for the Second Circuit in New York into allowing cameras in the court so the hearing could be broadcast live. But ever since that decision was made, media lawyers have been tittering about whether C-SPAN was opening itself up to its own indecency problem, since its broadcasts are also carried simultaneously on C-SPAN radio. The FCC can’t do anything about expletives being used on cable shows, but it regularly fines radio stations for airing that sort of language.
Sure enough, the s-words and f-words were flying this morning during the hearing, which C-SPAN broadcast in full, without bleeps. During the hearing, to make a point, Phillips used the words and phrases “motherf—–,” “eat s—” and “f— the USA.”
C-SPAN spokeswoman Jennifer Moire said the cable network’s executives considered the hearing was in the public interest. “Our judgment is that it would survive any test. We think the FCC would view it in context,” she said.
Fortunately for C-SPAN, the FCC seems to agree. During the hearing, Judge Peter Hall brought up the very issue of whether the FCC might fine stations for airing the dirty language used in the hearing. “The commission has emphasized it will use great restraint” and would not fine stations for airing the hearing as part of a news program, responded Eric Miller, a media attorney representing the FCC.
I watched the hearing. Although it was refreshing to hear the F-bomb uttered on the C-bomb, was likewise reassured by judges and lawyers repeatedly saying ”titilating, “cockamamie,” ”first blow” and “sexual or excretory activity or organs.” Indeed, double your entendre, double your fun.
Giggle for yourself Saturday 7 p.m. when C-SPAN rebroadcasts the hearing – in all its “fleeting expletive” glory.
By the way, what prompted this case? Cher’s appearance at the 2002 Billboard awards. Transcript courtesy Everything Cher:
“I have also had critics for the last 40 years, saying that I was on my way out every year. Right! So F them. I still have a job and they don’t. So, I have 2 things to say. I was watching Martin Lawrence the other day and he said something about life. And he said, ‘You gotta ride it until the wheels fall off’. And I think that is about the most important thing I have heard lately.”
