Archived Movable Type Content

November 16, 2004

Banned in Tampa

Damn - first the election, and now this - Novemver has really sucked so far.

WMNF Program Director Randy Wynne (813-238-8001, randy@wmnf.org) just informed me, via phone, that he will have to suspend me, apparently forever. (I will be filing a grievance, as soon as I can figure out what the procedure is - does anyone know?)

For what?

Randy said it was a Belle and Sebastian song that I played titled “Fuck That Shit,” but when I informed him that that particular cut is an instrumental, he became very vague.

It seems that a listener heard the word FUCK this morning - probably from an Eric Schwartz song played just before 6:00 AM. From what I can gather, as soon as the complaint was heard, I was a goner - no one asked me my side of the story, no one reviewed a tape or otherwise confirmed the complaint - I am presumed guilty.

Randy said it didn’t matter if it was the Belle and Sebastian song or not, because the listener “probably would have heard the word earlier if he had been listening...” Uh, Randy, no one complained about anything I played earlier.

So, on the word of one listener who can’t even pinpoint the song, on the basis of one song, played before 6:00 AM, in which the use of the word FUCK is quick and fleeting, and in which the use of the word surprised me too - I must have previewed a “clean” version - Randy has fired a longtime and loyal station volunteer.

I got tons of calls and written comments this morning from people who loved the show. Not one complaint came in to the studio.

I find it ironic, to say the least, that WMNF, which presents itself as something of a bastion of free speech, would be so quick to suspend a programmer - hours after the show in question - based on single alleged incident which, obviously, no one has even bothered to confirm.

I do have “tapes”, and I am carefully reviewing this morning’s show right now. I defy you to listen to the last hour of my show and find something that is objectionable.

From this morning’s playlist:

Badly Drawn Boy’s “Pissing in the Wind” - yes, it does mention pissing in the wind. Shocking.

“Pissed of 2 AM” - classic Alejandro tune, from the Alejandro tribute CD.

The Wannadies “Piss on You” is a fun and innocuous little piece.

Kid 606's “Robitussin Motherfucker” is an instrumental.

Wu Tang’s “Bells of War” is an instrumental.

An Ol’ Dirty Bastard press conference was heavily “bleeped.”

No language problems in the next 2, from ODB and The RZA.

The Crucifucks is a band name, and the cut I played does not contain questionable language.

“Fuck World Trade” is a CD name, and the cut I played does not contain questionable language.

Lambchop’s “Your Fucking Sunny Day” was bed music, and the lyrics, as broadcast, were unintelligible.

Eric Schwartz’s “Keep Your Jesus off My Penis” does have one instance of “fuck,” and I missed that when I previewed.

Belle and Sebastian’s “Fuck That Shit” is an instrumental and only a snippet of it was played just before the NPR news came on.

So, apparently, the only incidence of questionable language came during the Schwartz song. One “fuck” slipped through. And this happened before 6:00 AM, when the FCC rules are relaxed.

If anyone had bothered to ask me, or if anyone had bothered to listen to today’s show, this would have been abundantly clear, but, instead of actually listening, Randy seems to have simply glanced at my playlist and seen lots of bad words, so he has assumed that all of those words were broadcast, when, in fact, they were not.

What is the precedent for this permanent suspension? Has any programmer ever been permanently suspended before based on single alleged incident? How about an overnight programmer? Again, the FCC rules are relaxed before 6:00, and no one is alleging that any objectionable language aired after 6:00.

Nothing even remotely obscene was aired. A single profanity was uttered. Profanity, before 6:00 AM is simply considered an expression of free speech.

From the FCC website:

It’s Against the Law

It is a violation of federal law to broadcast obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. Congress has given the Federal Communications Commission (FCC) the responsibility for administratively enforcing the law that governs these types of broadcasts. The Commission may revoke a station license, impose a monetary forfeiture, or issue a warning, for the broadcast of obscene or indecent material.

Obscene Broadcasts Are Prohibited at All Times

Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. To be obscene, material must meet a three-prong test:

* An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;

* The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and

* The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.


Indecent Broadcast Restrictions

The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community broadcast standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory references that do not rise to the level of obscenity. As such, the courts have held that indecent material is protected by the First Amendment and cannot be banned entirely.

It may, however, be restricted in order to avoid broadcast during times of the day when there a reasonable risk that children may be in the audience.

Consistent with a federal statute and federal court decisions interpreting the indecency statute, the Commission adopted a rule pursuant to which broadcasts -- both on television and radio -- that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are subject to indecency enforcement action.


Profane Broadcast Restrictions

The FCC has defined profanity as including language that “denote[s] certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.”

Like indecency, profane speech is prohibited on broadcast radio and television between the hours of 6 a.m. to 10 p.m.

I encourage everyone to listen to this morning’s show and decide for yourself if there is anything that warrants a permanent, or even a temporary suspension. Download it from the web. And, for those who are bandwidth challenged, or if you just don’t want the whole hour, here is the last 7 minutes of today’s show.

Download Eric Schwartz’s "Keep Your Jesus Off My Penis"

Every week I write a blog entry (http://www.blogwood.com) to accompany the MorningWood broadcast. Here’s what I wrote this morning.

...at this time of night, the FCC actually relaxes its ever tightening rules, the theory being that at 4 AM, children are less likely to be up and being shocked at the language that is emanating from the radio. Right now, I can get away with broadcasting shit like this, but daddy the FCC is threatening to expand the ban on “obscene” language to the overnight hours.

I’m sure that many of you, especially those who listened to my show this morning, will be happy about that, but the fact is that a very few prudes are dictating to the rest of us exactly what it is that we are allowed to see and hear, and that sucks.

Posted by Norwood at November 16, 2004 05:05 PM
Comments

Hi:

There is no such thing as a "perminate suspension", it's called termination. Unless you have an empoyment contract with the station or are a member of a union that has a labor agreement with the station then you can be fired for any reason or no reason at all, it's called "at will employment".

Posted by: crimelord at November 16, 2004 06:36 PM

Actually, I'm a volunteer, as are all of the programmers at WMNF.

Still, they seem to be making the rules up as they go, as I've never heard of a permanent suspension for anything.

Posted by: Norwood at November 16, 2004 06:53 PM

I guess we'll be left with KKK supporting, flagwaving, jesus loves me but he hates you, bluegrass playing fucks at mnf. MNF is tired and lame. They couldn't possibly have anything fresh like your show on their station. What can you expect from a bunch of old hippies who have turned into our parents.

Posted by: Fuckfuckfuck at November 16, 2004 08:27 PM

I don't know the law, but I would think you have a case. It doesn't sound right....

Posted by: Sarah at November 16, 2004 09:29 PM

Sarah,

A volunteer can be terminated at any time for any reason. As I stated above even a full time regular employee can be terminated at any time, for any reason, if they do'nt have a contract. I know it does'nt sound right but thats the way it is. Its why unions were started, to get a little justice in the workplace.

Posted by: crimelord at November 17, 2004 10:50 AM

Jesus fucking Christ, Norwood - that sucks balls.

I'll be sure to let Randy know that I will not be renewing my financial support for WMNF unless and until this is resolved satisfactorily.

I know, I know - that's probably not enough. But I can't take back the money I've already given - the checks have already cleared.

Oh, and one more thing:

FUCK FUCK FUCK FUCK FUCK FUCK FUCK!

Posted by: spencer at November 17, 2004 02:07 PM

This can't happen. I will cancel my monthly pledge until Norwood is reinstated. I love wmnf but this makes them no better than the rest of the trash on the radio.

Posted by: john at November 18, 2004 06:15 PM