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November 17, 2004

Banned in Tampa: WMNF responds

First, to those of you who emailed or phoned or commented or whatever with words of support: Thanks!

As many of you already know, I was suspended yesterday from my volunteer programmer (DJ) position at WMNF.

Since the original decision was handed down by phone, I was a little confused about several points. I emailed Program Director Randy Wynne, and this is his response (My original questions, followed by Randy’s response in italics)

There is much surprise over the permanent nature of my suspension. Did I misunderstand you? Please clarify: How long is this suspension?

I told you on the phone the suspension is "until further notice", That means it is open-ended but might be reviewed.

Who complained? Was it a “normal” listener? A station volunteer? A programmer? Staff?

A normal listener complained.

Why the punishment? Before 6am, this is not a great transgression. Where are our guidelines? What rule did I break? Is there a playlist rule? What about before 6am?

Based on the stated theme of your show, it sounded like you want to test the FCC. Your blog bragged that listeners will hear all seven dirty words. The playlist shows that the intent is "what can I get away with?" The Programmer Agreement says that "Between 10am and 6pm there is a more lenient standard". But it also says "Even during the lenient hours programmers should avoid material which appeals to prurient interest or whose appeal lies in shock value." It seems to me that the theme of the show was indeed intended to provoke shock value. Our policy quotes the FCC that even during the lenient hours there should not be programming that contains"the explicitness or graphic nature of the description or depiction of sexual or excretory organs or activities" (this wording precedes the toughening policy that has followed Janet Jackson and Bono) . Playing a song about masturbation right before 6am violates these rules. The FCC does not care if the song is funny.

Why no warning first? Have I ever been warned before about this kind of stuff? Have you been worried about my show? Why no communication to me to that effect?

This show was not an accidental slip of a song with a bad word. It was a serious lapse in judgment which has led me to lose trust in you as a programmer. There was a clear intent to shock - to challenge with satire the FCC guidelines on obscenity. This was not your decision to make. The station (as well as you individually) are liable for violations - possibly tens of thousands of dollars.

The bottom line of our policy is this: "If you are considering any material that you feel might violate the policy, check with the Program Director before airing it. This is a station decision - not for the individual programmer."

So he’s changed his story a little. At first, he mentioned only the one song. Now, he is alleging that I broke the (more restrictive than the FCC) WMNF programmers agreement with the theme of my show.

The suspension still seems to be permanent - I mean, he’s said that I’ve lost my show, but that I may be allowed (solely at his discretion) to return at some unspecified point in time, though presumably not as the host of MorningWood.

He says that “It seems to me that the theme of the show was indeed intended to provoke shock value.” Well, that’s his interpretation. I would counter that in this day and age fuck shit and piss are hardly shocking.

The original theme of my show was the 7 dirty words - the words famously banned by the FCC. Many cuts that I played had titles or band names that contained these words, even though, in many cases. none of the words were in the song. In general, although some profanity aired prior to 5:00 AM, the song titles were much more graphic than the actual songs. Again, profanity aired prior to 6:00 AM is okay with the FCC.

I’m not sure what song Randy thinks was about masturbation. I fear that he has yet to listen to a tape of my show. Funny thing, though: I heard a song on WMNF this afternoon at about 4:30 that deals with masturbation and blue balls and all kinds of prurient stuff: “Whatever,” by Asylum Street Spankers. Good tune. I would play it. I hope this afternoon’s DJ doesn’t get in trouble for it. For what it’s worth, I’ve also heard the word “shit” broadcast twice today during the afternoon.

Next, Randy makes a leap from “It seems to me that the theme of the show was indeed intended to provoke shock value” to “There was a clear intent to shock - to challenge with satire the FCC guidelines on obscenity.”

So, now there’s a clear intent to shock. I don’t know: maybe there’s an intent to mock, or to rock, but not to shock. Again, shocking people takes a little more than playing a dirty word or two. My goal was to enlighten and entertain, with humor and opinion and good music.

And I wasn’t challenging the FCC - I was well within the boundaries of the law. These words are only banned between the hours of 6:00 AM to 10:00 PM. My show ran from 4:00 AM to 6:00 AM. How could I be challenging guidelines if I wasn’t breaking the rules?

And the little threat about a fine - bullshit: the FCC is not going to fine, because my show was well within the FCC guidelines.

The bottom line of the station policy is that it is a vaguely worded piece of shit: : "If you are considering any material that you feel might violate the policy, check with the Program Director before airing it. “ Well, obviously if I had felt that my programming was violating station policy, I would not have aired what I did.

WMNF is a great community asset, but like any organization, it has its problems. One big problem at WMNF is the fact that policies seem to be written with an intentional vagueness that leaves said policies open to widely differing interpretations. Randy thinks my show violated policy. I strongly disagree.

Unfortunately, Randy’s interpretation carries a lot more weight than mine. He is essentially a one man programming Czar. He and he alone decides who gets to be on-air and when. So, if he doesn’t like you, well, you’re out, and it looks like that covers me pretty well right now.

(Another big problem is that the policies are enforced spottily at best, probably to the point that an argument could be made that some policies have been nullified through lack of enforcement, but I digress.)

My only option at this point is to file a grievance (pdf file) with the station manager. During our brief phone call yesterday, Randy said he would “check with (Station Manager) Vicki (Santa)” when I asked him if his decision was final. Obviously, Vicki influenced his original decision, so I doubt that I will get anywhere with her.

I have to start with her, though, and then I can take my appeal to the WMNF Board of Directors. Considering the fact that Vicki works with the Board on a daily basis and that, while I know several of the members personally, I am, essentially, “just” a volunteer, I don’t like my chances very much.

The decision of the Board is final.

So, in all likelihood, MorningWood is history. It’s been a nice run. Thanks for getting up with me.

Posted by Norwood at November 17, 2004 06:23 PM
Comments

Sounds like a slit sham man. Sorry you had to step in it. Everyone's adrenal glands are on overload since the election; the money situation with the new building, and the stress of the move is getting to everyone. The last place this station needs to be is financially overextended, alienating their "big money" donors, and under legal attack.

I agree with your point, and I don't think a “permanent” suspension is fair (has Randy ever actually used the term “permanent”), but I can see where "they're" coming from as well. This isn't the time to be maximizing station liability, not that you were by intention or misstep. Norwood, you read the news. Do you really think the FCC needs a “legitimate” reason to shut us down? This administration doesn't seem to be suffering from a burden of proof. It's messed up. I'd be mad too (and I am quite mad), but I care more about the survival of the station than my place in it, whatever that is.

We haven't won the battle yet and no matter how much I hate to admit it, the radical right has a considerable amount of power at the moment, justified or not. It's important for us to choose our battles wisely, and your show was instigating a fight if nothing else (an unnecessary fight at that). We could and would win in the end, but at a great (possibly fatal) expense to the station. Not to mention the burden on the staff and Board of Directors. You know how much I care about free speech, and I’m the last one to play it safe when it comes to public discourse, but in the great balance of things, our daytime news and public affairs, is a vastly more critical exercise of free speech than our early morning alternative music. They dot their “I”s and cross their “T”s, and reach a vastly larger, more diverse, and better-funded listener base than your show.

If the station is going to go round for round with the FCC, it would be much more meaningful if it were over that piece of it than anything else. Tax evasion and mail fraud have been used to arrest the largest enemies of the state. The devil is in the details. I hope you understand what I mean. I would hope that there is a way for you to work out your grievances with the station so that everyone is satisfied and you can continue to do your show, which I am grateful for every time I have to wake up in the wee hours. It might take some apologizing on both parts, but I would hope that both parties would be capable of apologizing, even if they don’t quite agree.

That’s two cents from Chris Chaos.

Posted by: Chris at November 18, 2004 04:12 PM

CC,
A long time ago a certain European populace chose not to fight the little battles and we all know where that went. Where's your fight? Your spirit for what you believe but won't defend is puzzling? You're riding the fence like a good little camper. Fall on the proper side or just go ahead and jump to the right. The fact is, this is ridiculous! Fear is the motivator for this decision. And f the money and your precious new building.
Scott K
http://www.tinylittledots.com

Posted by: http">Scott K at November 19, 2004 04:13 PM