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					CG                          VIDEO/NATS/EFFECTS                 TRACK/INTERVIEWS
The following clips aired    Black matte
on broadcast television
                             Clips: Montage of borderline
                              indecent broadcast shows
                             Nats: Superbowl show
Jackie Hanko, Daycare        B-roll: Slow dissolve to         HANKO 00:58 You will see the effects on children
Provider                      various shots of children        who have watched something on TV that it’s pretty
                              watching television              obvious it’s from TV because they’ll use the
                             On-cam Hanko                     character’s names.
                             Music up: Time Stands Till
                              (All American Rejects)
                             B-roll with low nats:
                              children playing
                             B-roll of Hanko playing with     Jackie Hanko has worked as a home daycare
                              children                         provider for nearly 20 years and sees the effects of
                                                               indecency on children every day.
                             B-roll children playing          HANKO 00:58 A girl was 4 years old and had
                             On-cam Hanko                     Barbie and Ken and she had them without their
                                                               clothes on top of each other having a sexual act and
                                                               that was not something she had seen her parents do
                                                               or she would have used the terms mommy and
                                                               daddy. She was using terms that were no names in
                             B-roll children playing          her family. // Where does a 4 year old get that from?
                                                               One can only assume it’s from TV they watch at
                                                               home.
                             B-roll: children watching        Each year millions of children see and hear
                              television                       “indecent” material on broadcast television. Recent
                             Line graph of indecency          statistics show that the FCC received more than 500
                              complaints year to year          thousand indecency complaints in one year alone.
                             B-roll: children playing         Hanko’s experience is just one example about how it
                             Clips: borderline indecent       affects their behavior. With the proliferation this
                              broadcasts                       content, parents are pushing for more government
                             Photo: first amendment           regulation of broadcast airwaves. Broadcasters say
                                                               this external management violates the first
                                                               amendment and freedom of the press.
Airwaves                     Music up: The Whip Theme
Indecency Regulation:        Clips: Montage of old and
Sense or Censorship           new television shows
                             Fade to static television
                             Music: Rock Hybrid               Since its beginning, broadcast media has been
                             Clips: old television footage,   subject to more scrutiny and regulation than other
                              frequencies and static           media. Nobody owned the airwaves and they were
                             Photos: v-chip and TV            scarce, so government had to guard it. But in recent
                              ratings                          years, technology has given people the ability to
                                                               control the content that enters their home. The


                                                                                                        1
                             Photos with transitions:       number of outlets from which people can get
                              various media outlets          information has exploded. It’s a multichannel
                                                             universe. This forces Americans to reconsider the
                                                             ramifications of government regulation of broadcast
                                                             media.

                             B-roll: FCC building and       Originally, the government only regulated broadcast
                              frequencies                    frequencies so the channels wouldn’t interfere.
Ellen Agress, Senior Vice    On-cam Agress                  AGRESS 3:40 But over time it evolved to have
President and General                                        additional requirements that dealt with the content of
Counsel, News                                                what was broadcast, not just technical
Corporation                                                  specifications—both do’s and don’ts. So don’ts were
                                                             things like you can’t broadcast obscenity or
                                                             indecency. The do’s evolved over time to be more
                                                             and more requirements designed to meet the standard
                                                             in what is now the Communications Act in radio and
                                                             television which is public interest, convenience, and
                                                             necessity.
                             Music up
                             Clips: old TV shows
                             B-roll: Supreme Court          In 1969, the Supreme Court unanimously upheld the
                              building, frequencies          constitutionality of regulating broadcast content.
                             Photos: Constitution, FCC      This case, Red Lion vs. the FCC, set a precedent.
                              decision, Supreme Court        Because of the scarcity of frequencies, government
                              drawing                        could regulate content.

                             Photos with transitions:       Now, with the explosion of media platforms,
                              various media outlets          broadcasters say the scarcity justification is losing
90% (zoom)                   Graphics: percentages of       strength. Nearly 90% of Americans receive cable or
80% (zoom)                    people with satellite          satellite television, and about 80% have internet
                              television and internet        access in their homes.
David Oxenford, Lawyer       On-cam Oxenford                OXENFORD 34:22 The need for government
for Davis Wright                                             regulation of broadcast frequencies is disappearing
Tremaine LLP
                             B-roll: Oxenford talking,      David Oxenford is a media lawyer and founder of the
                              frequencies                    broadcast law blog. For him, it doesn’t make sense to
                             Photo: Broadcast Law Blog      regulate broadcasters anymore.
                             On-cam Oxenford                OXENFORD 45:40 There were a limited number of
                                                             broadcast frequencies and the also justified on the
                                                             intrusive nature of broadcasting—it comes into the
                                                             household uninvited and it’s effectively universal.
                                                             And there was no way to block offending content.
                                                             Again, none of those justifications stand up to
                                                             scrutiny in the modern the world.
                             B-roll: television stations,   Broadcasters say the scarcity justification is quickly



                                                                                                       2
                            Hanko with children,           losing ground. But parents and daycare providers like
                            children watching television   Hanko say that because airwaves are also intrusive,
                                                           government can still regulate them.
Jackie Hanko, Home       On-cam Hanko                     HANKO 12:10 For children, they would need to see
Daycare Provider         Clips: borderline indecent       what is moral and what is right.//10:40 I don’t think
                          broadcasts                       because that’s the way the world is we need to force
                                                           it upon our children. The world can be beautiful too.
                                                           We can take away the profanity and violence. We
                                                           can take away the illicit sex. There’s a lot that can be
                                                           done to make it a better place.
                           Music up
                           B-roll: NAB                    Broadcasters like Kristopher Jones say otherwise.
                           Photo: V-chip                  They say this responsibility now falls on parents.
Kristopher Jones, NAB      On-cam Jones                   JONES 15:15 Any parent can control every minute
Executive Director of                                      of programming that enters their television
Media Relations                                            household. They go to the V-chip settings, television
                                                           broadcasters rate every scripted program that airs on
                                                           television so if you don’t want your children to watch
                                                           any programming beyond a G-rating or beyond a
                                                           TV-14 rating, you can do that with a few clicks of a
                                                           button and walk away and know that your kid will
                                                           not have access to any programming marked for
                                                           mature audiences or marked for beyond the setting
                                                           you deem appropriate.
                         Music up
                         B-roll: Static TV and nats
                         On-cam Hanko                     HANKO 4:15 There are still those parents who don’t
                                                           choose that for their children. I think it’s wise for
                                                           those who do if its being forced upon broadcasters.
                                                           Those are responsible parents who put those types of
                                                           controls but there’s so many people who don’t and
                                                           what are you going to do for all those poor innocent
                                                           children who have no say? Because their parents are
                                                           unwise they have to suffer? I think it still isn’t enough.
                         Clips and nats: You can’t say
                          it on television.
                         Music up: Centerfold (J.
                          Geils Band)
                         Clips: Geoge Carlin           The controversy about regulation of indecency isn’t
                                                        new. In 1972, comedian George Carlin performed a
                                                        satirical monologue entitled “Seven Words You Can
                                                        Never Say on Television.”
                         Clips and nats: You still
                          can’t say [splice of 7 dirty
                          words].



                                                                                                       3
                                Clips: George Carlin              During the performance, Carlin repeatedly said
                                                                   variations of seven obscene words as a social
                                                                   commentary.
                                Clips and nats: Cock. If
                                 you’re talking about the
                                 animal it’s all right. They
                                 used to read it to us from the
                                 Bible in 3rd grade.
                                Clips: George Carlin              The next year, New York’s WBAI-FM picked up
                                                                   Carlin’s similar monologue “Filthy Words.”
                                Clips and nats: That was my
                                 original list. I knew it wasn’t
                                 complete but it was a starter
                                 set. [audience laughs]
                                Clips: George Carlin              A man driving in the car with his son heard the
                                                                   broadcast. He filed a complaint, sparking the
                                                                   landmark FCC vs. Pacifica case
                                On-cam Agress                     AGRESS 30:06 This case went al the way up to the
                                                                   Supreme Court on two related issues. One, was the
                                                                   broadcast indecent because it was political satire?
                                                                   And two, could the FCC regulate content in this
                                B-roll: Supreme Court,            way? And a very closely divided court, 5-4, found
                                 children watching children        the FCC could regulate this kind of speech and the
                                                                   basis was—they referred back to Red Lion. And they
                                                                   said broadcasting is uniquely ubiquitous and
                                                                   accessible to children. And it comes into your home,
                                                                   not uninvited but it’s everywhere.
                                Photo: FCC vs. Pacifica           The FCC vs. Pacifica ruling established that the FCC
                                 complaint                         can regulate indecency. But what is indecency. In
                                B-roll: FOX vs. FCC               today’s rapidly evolving society, people don’t always
                                                                   agree about how much regulation should be allowed
                                                                   or even what is indecent.
                                Music up: Neolith
                                B-roll: Different montage of
                                 borderline indecent
                                 broadcast shows
“Language or material           B-roll: FCC                       The FCC defines indecency as material that, in
that, in context, depicts or    Graphic: definition of            context, is patently offensive by contemporary
describes, in terms              indecency                         community standards. Indecency has some protection
patently offensive as           Photo: first amendment            under the first amendment and is allowed on
measured by                     Clips: indecent television        broadcast television. Obscenity is not.
contemporary community           shows
standards for the broadcast
medium, sexual or
excretory organs or
activities.”


                                                                                                            4
1) Would the average           Photo: Miller vs. California   The 1973 Miller vs. California case created a three-
person, applying                newspaper article              prong test for determining if material is indecent or
contemporary community         Graphics: definition of        obscene. Would the average person, applying
standards, find that the        obscenity                      contemporary community standards, find that the
work appeals to the                                            work appeals to the prurient interest? Is the work
prurient interest?                                             depicting sexual conduct in a patently offensive way?
2) Is the work depicting       Photo: Constitution            And does the work lack serious literary, artistic,
sexual conduct in a                                            political or scientific value? If the answer to any of
patently offensive way?                                        the questions is yes, the material is indecent—not
3) Does the work lack                                          obscene.
serious literary, artistic,    Clips of borderline indecent
political or scientific         programming                    For some people, the FCC’s broad definition doesn’t
value?                                                         clarify indecency.
YES (zoom)
                               Clip and nats: Family Guy
                                “FCC Song”
                               Music: I Wanna Kiss You        Preschool teacher Teresa Garcia thinks shows like
                                All Over (Exile)               Family Guy and NYPD Blue are inappropriate for
                               B-roll: Garcia teaching        broadcast television.
                               Clips: Family Guy
Teresa Garcia, Preschool       On-Cam Garcia                  Profanity, use of the Lord’s name with profanity of
Teacher at Hope Christian      Clips: borderline indecent     course, nudity, suggestive sexual acts, hints of sexual
School                          programming                    acts like noises, situations that people are in that
                                                               suggest immoral behavior. Use of alcohol and drugs I
                                                               consider indecency also.
                               Clips: television violence     But broadcaster Steven Kalb has a very different
                                                               definition of indecency.
                               Music up
Steven Kalb, Adjunct           On-cam Kalb                    KALB 9:55 We need to stop being Puritans—oh
Professor of Broadcast                                         they’re going to talk about sex. Oh let’s show
Journalism at University                                       someone’s arm ripped off and being beaten to death
of Connecticut                                                 with it, but that’s violence we don’t care. Violence is
                                                               much more indecent than sex ever will be. I don’t
                                                               care if I see Janet Jackson’s left one. I do care if I see
                                                               someone knifed to death 30 times.
                               Clip: television violence      With such different definitions of indecency, the
                               B-roll: FCC                    FCC constantly struggles to determine what
                                                               complaints they should fine.
Ellen Agress, Senior Vice      On-Cam Agress                  AGRESS 36:50 Basically you have five individuals
President and General                                          sitting in Washington deciding what’s appropriate
Counsel for News                                               and what’s not appropriate. And they don’t have any
Corporation                                                    particular standards that they articulate. They don’t
                                                               have any particular expertise in this area. Everybody
                                                               wants the government to fix what they don’t like on
                                                               television. But the problem is today they may be
                                                               taking off things you don’t like and tomorrow they


                                                                                                            5
                                                            may be taking of things you do like. The audience’s
                                                            power is very vast because the audience can turn off
                                                            the channel, switch the channel, turn off the set. The
                                                            minute the show will be gone because without the
                                                            audience, there’s no business.
                              Clips: television violence   A growing trend in indecency complaints is violent
                                                            programming.
                              On-Cam Hanko                 HANKO 8:30 The violence that goes on, you’’ll see
                                                            that the kids will get all wound up in their play.
                              B-roll: children playing     They’ll take any toy and make it into a sword and
                                                            start hitting each other. There is role-playing that
                                                            they’ve seen that they’ll try to imitate themselves.
Kristopher Jones, National                                  JONES 13:40 Is it Tom and Jerry hitting each other
Association of                                              with a hammer? Is it three stooges kind of violence?
Broadcasters Director of                                    Is it a football game where they’re tackling each
Media Relations                                             other? A car accident? What actually constitutes
                                                            violent programming? I think the same thing can be
                                                            said for indecent programming. Everyone’s opinion
                                                            of what is acceptable and unacceptable is different.
                                                            There’s a very fuzzy area of what you find
                                                            objectionable I may not find objectionable and my
                                                            mom may find really objectionable.
                              Music up: She’s a Hottie
                               (Toby Keith)
                              Clip: NYPD Blue - Nude
                               Awakening
                              Clip: NYPD Blue - Nude       In 2003, ABC aired an episode of NYPD Blue that
                               Awakening                    included scenes with part of a woman’s breasts, a
                                                            side view of her buttocks, and multiple shots of her
                                                            nude from the back. A young boy was also in the
                                                            scene.

                                                            The FCC issued more than a million dollars worth of
                                                            fines against 52 ABC affiliates. Commissioners said
                                                            the scenes “dwelled” on nudity and were “shocking
                                                            and titillating.”

                                                            ABC paid the fine but appealed the decision, arguing
                                                            that it was “arbitrary and capricious,” and went
                              Clip: Super Bowl wardrobe    against precedent. Instances similar to the NYPD
                               malfunction                  Blue episode have increased since 2003. And parents
                              B-roll: children playing,    have taken notice, seeing the impact that televised
                               children watching TV         nudity has on their children.
Teresa Garcia, Preschool                                    GARCIA 19:55 I had some teenage girls helping me
Teacher                                                     in the class and this little boy every time he came in
                                                            he had obviously seen nudity on TV and sexual acts


                                                                                                      6
                                                               because he would talk about them and their body
                                                               parts. And he was four. And how else would he have
                                                               known about these things I had no idea about until I
                                                               was much older. And he would stare at them and try
                                                               to touch them.
                               Clip and nats: With this ring,
                                and all that it symbolizes, I
                                would be greatly honored if
                                you would join me in
                                marriage. And Billie Jean,
                                will you marry me?
                               Clips: Married by America      A 2003 episode of “Married by America” on FOX
                                                               showed scenes from bachelor and bachelorette
                                                               parties that included pixilated images of strippers and
                                                               various sexual situations.
                               Nats: Touch my breasts
                               Photos: Chart of fines,        The FCC originally fined all 169 affiliates 7,000
                                Married by America             dollars, but later only fined the 13 affiliates that
                                complaint                      received complaints. This was the first reality
                               Clip with low nats: Married television show to face indecency complaints.
                                by America
Stephen Taylor, Freelance      On-cam: Taylor                 TAYLOR 12:20 I don’t think people will allow the
Writer and Video                                               broadcast of any sort of sexual material on television
Producer                                                       just because we are very concerned with protecting
                                                               our children. But there will always be a moving line
                                                               about where you draw those restrictions.
                               Clip: Married by America       FOX argued the scene was integral to the storyline,
                                                               that it was not intended to “pander.” FOX also
                                                               emphasized that it edited out sexual activities.

                                                               Instead of appealing the case, FOX refused to pay the
                                                               fines.
                               On-cam: Agress                 AGRESS 34:15 It was a few thousand dollars but we
                                                               were basically standing on principle. So if you don’t
                                                               pay the fine, the next thing that has to happen is that
                                                               the U.S. government has to sue you in court to
                                                               collect the fine. So now we’re in a district-level
                                                               court, which is a trial court, which is supposed to
                                                               look at the whole issue all over again as to see
                                                               whether the broadcast was, in fact, indecent. It’s a
                                                               new trial on that question. We have filed a motion to
                                                               throw the case out on constitutional grounds.
                               Music: Dirty Laundry           Perhaps the biggest controversy with indecency
                               Clip: Golden Globes            regulation deals with fleeting expletives.
                               Nats: That’s really really f…
                               Clip: Golden Globes           During live broadcasts of the 2002 and 2003


                                                                                                         7
                               B-roll: FOX vs. FCC           Billboard Music Awards, presenters said unscripted
                                Supreme Court hearing         curse words before FOX could bleep them. A divided
                                                              Supreme Court upheld the FCC’s ruling regulating
                                                              fleeting expletives, overturning a second circuit court
                                                              of appeals ruling that the FCC decision was
                                                              “arbitrary and capricious.”
                               Photo: Michael Copps          Then acting FCC Chairman Michael Copps said the
                               Photo: Copps’ statement       decision was “a big win for America’s families.” He
The court recognized that      Graphic: Copps’ statement     continued, “The court recognized that when
when broadcasters are                                         broadcasters are granted free and exclusive use of a
granted free and exclusive                                    valuable public resource, they incur enforceable
use of a valuable public                                      public interest obligations.
resource, they incur
enforceable public interest    B-roll: News Corporation      FOX argued the ruling was unfair since the
obligations                     sign                          expletives were unscripted.
Ellen Agress, Senior Vice      On-cam Agress                 AGRESS 30:06 We didn’t script it, we didn’t want
President and General                                         them to say it, they said it. Again very closely
Counsel for News                                              divided, 5-4, but that did not address the
Corporation                                                   constitutionality of the regulation. It addressed
                                                              whether the FCC had changed its policy on fleeting
                                                              expletives in a way that was consistent with the
                                                              correct procedures and whether they’d given
                                                              adequate explanation for this change in policy.
                               Clip: Super Bowl wardrobe     Broadcasters say regulating indecency on live
                                malfunction                   television stifles their programming.
                               On-cam Agress                 AGRESS 39:10 It has had a dramatic chilling effect
                                                              on our programming and also has run up up the cost
                                                              of covering news and sports because you’re worried
                                                              about people doing something on a live broadcast
                                                              they shouldn’t do.
                               Clips with low nats: Saving   This problem is further complicated when FCC
                                Private Ryan                  enforcement isn’t always the same.
                               Clips with nats: F…
                               Clips with low nats: Saving   When ABC aired the movies “Schindler’s List” and
                                Private Ryan                  “Saving Private Ryan,” the FCC allowed the curse
                                                              words because of the context, but in other contexts,
                                                              they levied significant fines.
                               On-cam Agress                 AGRESS 39:10 How are we to decide what’s an
                                                              appropriate context or not? We just can’t know. But
                                                              if you’re doing an original made-for-television war
                                                              movie about landing on D-day do you want the
                                                              soldiers to say “Oh darn it?” It just takes away all
                                                              credibility of this terrible scene you’re watching.
Jackie Hanko, Home             On-cam Hanko                  HANKO 13:55 Movies can be made like “Saving
Daycare Provider                                              Private Ryan” that have the same impact and show
                                                              the same amount of historical accuracy without


                                                                                                        8
                                                                having to subject the person watching to the
                                                                vulgarity of “I know it’s real and I know it’s there.”
                                Clips with low nats: Saving    But I don’t have to hear the cuss words to know the
                                 Private Ryan                   emotions that are behind the soldiers and to know
                                                                what’s going on.
                                Clip with nats: Let’s get
                                 everybody the hell out of
                                 here.
                                Clips with low nats: Saving    Broadcasters say the issue of context restricts their
                                 Private Ryan                   programming, since they don’t know what will be
                                                                fined.
David Oxenford, Lawyer                                          OXENFORD 42:33 They have serious treatment of
for Davis Wright                                                serious issues, but they have adult content—either
Tremaine LLP                                                    four-letter words or some degree of nudity not in an
                                                                exploitive context, but trying to develop the themes
                                                                of those movies. In the past they were run without
                                                                problems. Now stations are wondering if they can
                                                                continue to run them with more recent
                                                                pronouncements by the FCC. It really restricts FCC-
                                                                licensees from getting into serious discussions of
                                                                serious issues that have adult themes.
                              Clips and nats: Schindler’s
                               List “Girl in the Red Dress”
                              Music: Deliberate Thought        To best serve their audiences, broadcasters advocate
                              B-roll: NAB, television          for responsible self-regulation rather than
                                stations                        government regulation.
                              Music up
                              B-roll with nats: television
                                stations
Kristopher Jones, Director    On-cam Jones                     JONES 5:42 We know we are in the business of
of Media Relations for the                                      delivering eyeballs and eardrums to our
National Association of                                         programming. It is not in our interest to do
Broadcasters                                                    programming that is morally objectionable. If
                                                                viewers don’t tune in to our shows and if listeners
                                                                don’t listen to our radio programs, that’s not in the
                                                                best interest of the radio station or television station.
                                                                So from our perspective, that’s why responsible self-
                                                                regulation is so much more successful than any
                                                                government regulation that should be applied to our
                                                                business.
                                B-roll with nats: television   In broadcasting, responsible self-regulation has
                                 stations                       morphed into the “safe harbor” policy. Between 10
                                                                p.m. and 6 a.m. local time, broadcasters are free to
                                Clips: Daily Show              air indecent or profane, but not obscene, material.
                                Clip with nats: What is it
                                 called when you’re not a


                                                                                                            9
                                 doctor but you try to check
                                 out other people’s balls? Oh.
                                 Groping…Sounds like hell
                                 of a shindig there.
                                Clips: decent television      They say their track record of not airing indecent
                                 programming                   programming even within the “safe harbor” proves
                                                               they can self-regulate.
Kristopher Jones, Director      On-cam Jones                  JONES 11:00 The fact that broadcasters don’t air
of Media Relations for the                                     indecent programming even outside the areas where
National Association of                                        the FCC no longer has control over what
Broadcasters                                                   programming airs is a testament to broadcasters
                                                               commitment to provide programming the viewers
                                                               would find compelling and informative. From that
                                                               standpoint, one has to question whether or not
                                                               government regulation of content is necessary in this
                                                               day and age, given the multiple competitive platforms
                                                               out there and given the fact that broadcasters have a
                                                               stellar track record for regulating themselves.
                                B-roll: television stations    Network television stations also face an additional
                                Clips: borderline indecent     problem. Sometimes, shows are in the safe harbor in
                                 programming                    one time zone, but not in others. Stations also say
                                                                they want to uphold their network standards.
                                Music up
                                On-cam Oxenford               OXENFORD 51:03 Most broadcasters follow those
                                                               standards even in late night hours. They don’t even
                                                               want to bring the question up. They don’t want
                                                               someone watching at 9:59 subject to all indecency
                                                               rules then suddenly forget to turn off their TV and at
                                                               10:01 see or hear something that might shock them.
                                                               So most have followed indecency rules and not
                                                               ventured to more risqué programming in the safe
                                                               harbor even though they could.
                                Music: Impact Andante          Government regulation affects broadcasters in
                                B-roll: FCC, TV stations       several ways. They say that these restrictions only
                                                                limit their ability to serve the public interest,
                                                                convenience and necessity.
                                Music up
                                Clips: Pat Tillman
                                Clips: Pat Tillman             In 2004, Arizona Cardinal’s football player Patrick
                                                                Tillman died while serving in Afghanistan. Networks
                                                                aired the funeral live. When Tillman’s brother
                                                                uttered expletives in the eulogy, they immediately
                                                                cut the broadcast. Their fear of being fined
                                                                transcended their desire to serve the public interest.
                                Music up
Kristopher Jones, National      On-cam Jones                  JONES 8:04 Pat Tillman was a fallen war hero. His


                                                                                                        10
Association of                                                 funeral was being broadcast on television. Arizona
Broadcasters Director of                                       viewers certainly had an interest in seeing that.
Media Relations                                                Ultimately it was the threat and fear of a fine that led
                                                               broadcasters to stop that programming.
                             Clips: Super Bowl wardrobe        Regulation also takes a significant financial toll on
                              malfunction                       broadcasters.

                                                               The Janet Jackson wardrobe malfunction in the 2004
                                                               Super Bowl halftime show set a new precedent for
                                                               indecency on live television. At least 2 million
                               B-roll: children watching      minors were watching television during the incident,
                                television                     and FCC received nearly 540 thousand complaints.
                               Double bar graph: number of Because of this, the FCC raised fines from 27,500
                                complaints and price of fines dollars to 325 thousand dollars per indecency
                               B-roll: FCC                    violation and began enforcing rules more strictly.
                                On-cam Oxenford              OXENFORD 39:13 Whereas in the past the FCC had
                                                              sort of admonished stations if there was a fleeting use
                                                              of a four letter word or a fleeting situation that was
                                                              questionable, that it only happened once or twice the
                                                              FCC would say just don’t do it again. Now under the
                                                              more recent policy, there have been a number of
                                                              fines, citations, a number of challenges to broadcast
                                                              stations where there have been these fleeting
                                                              expletives. One mistake made on an awards show or
                                                              one bare behind in a television program or one
                                                              pixilated scene in a television program. The FCC has
                                                              regulated those and fined stations for those when they
                                                              never would have done that 10 years ago.
                                Music up: Cold Funk
                                Clips: Fleeting indecency
                                Clips: Fleeting indecency    In order to prevent fleeting indecency on live news
                                B-roll: Radio station        and sports programming, some networks are airing
                                                              broadcasts on delay.
Ellen Agress, Senior Vice       On-cam Agress                AGRESS 25:00 If you have to put delays on all the
President and General                                         live broadcasts to catch all the fleeting expletives
Counsel, News                                                 people may blurt out that’s expensive because you
Corporation                                                   need the equipment and a person with his finger on
                                                              the button to bleep out the word.
                                Clips: Super Bowl wardrobe They say this financial commitment and regulation
                                 malfunction                   also makes them less competitive.
                                On-cam Agress                AGRESS 15:50 The sports, entertainment, producing
                                                              news is very expensive. What stations have to do is
                                                              they have to start cutting. Not only do they lay people
                                                              off, they start buying cheaper programming and can’t
                                                              compete against cable for the sports programming or
                                                              the movie package. Or they can’t produce high


                                                                                                          11
                                                              quality news because they don’t have the finances to
                                                              do it. So at the end of the day, you’re creating a
                                                              broadcast medium that is second rate and not have the
                                                              quality news, entertainment, and sports. And that
                                                              can’t be in the public interest. You want a strong
                                                              broadcasting service for people who don’t want to
                                                              subscribe to cable.
Kristopher Jones, Director      On-cam Jones                 JONES 25:12 We are competing in a multichannel
of Media Relations for the                                    world where viewers often don’t make a distinction
National Association of                                       between programming on broadcast television vs.
Broadcasters                                                  programming on cable. If you’re a cable viewer,
                                                              rarely do you make a distinction that this is a
                                                              broadcast versus a cable network. They’re all coming
                                                              in to you. So to regulate one sector of the
                                                              communications world while the others are
                                                              completely unfiltered and unregulated doesn’t seem
                                                              to be doing justice to the area of programming
                                                              content.
                                Clip: anchors                 Perhaps broadcasters biggest fear is that with
                                Clip: Richard Nixon at White regulation, they can no longer act as the fourth estate
                                 House                         and watchdog of democracy.
Hagit Limor, Investigative      On-cam Limor                  LIMOR 21:15 The reason our forefathers established
Reporter                                                       the fourth estate was so we could be a check against
                                                               any of the other branches of government. So for there
                                                               to be one of the other branches checking us can be a
                                                               chilling effect. I believe in training for journalists,
                                                               self-regulation, that we should have code of ethics,
                                                               live by it, but I have a bit of an issue with
                                                               government instituting laws to make it happen
                                                               because while they may start out as fair laws, given
                                                               different types of times, they can become McCarthy
                                                               like. So I am a bit worried about government
                                                               regulating about what we do. I like self-regulation.
                                B-roll Limor                  To Limor, self-regulation sounds all in good. But
                                Photo: first amendment        some parents think differently. They say regulation is
                                B-roll: Garcia teaching,      a small cost compared to exposing children to
                                 children watching TV          indecency.
Teresa Garcia, Preschool        On-cam Garcia                GARCIA 19:30 Why should all that filth be brought
Teacher                                                       into your home? Even if they hear it at school, that’s a
                                                              different place than home. Why should it be brought
                                                              home? Home is supposed to be a safe place where
                                                              you grow and you’re nurtured and you’re loved and
                                                              talk about good things.
Jackie Hanko, Home              On-cam Hanko                  HANKO 8:30 It’s like when you have a best friend
Daycare Provider                                               you pick up their mannerisms, their slang, their
                                                               habits. And if the TV is on a lot in the home and


                                                                                                        12
                                                                 that’s what they see, they’re picking up whatever is
                                                                 on and it becomes part of their habits and the way
                                                                 they treat each other. That’s why it has to be
                                                                 something you want to have role-modeled.
                              B-roll: Hanko                     For these parents, it doesn’t matter that adults won’t
                              Clips: indecent programming       see risqué programming on broadcast networks
                              B-roll: Children watching         during the day. For them, it all boils down to their
                               TV                                children.
                                                                HANKO 2:35 I don’t believe adults can inflict their
                                                                rights on children who don’t have a say or know the
                                                                outcome of what’s happening to them. It’s our right to
                                                                take care of them and make sure they view
                                                                appropriate material. That’s our right and the right of
                                                                the broadcasting company is to always look out for
                                                                people who aren’t old enough to say this is what I
                                                                want. At age 4 or 5 all the way to age 18 do they
                                                                really know what’s best for them? That’s why it’s our
                                                                responsibility and right to take care of children.
                                                                GARCIA 23:12 I think it’s what’s good for the
                                                                majority and it’s not good for them whether they
                                                                know it or not. I always come back to the children. If
                                                                you fill your mind with that trash it will come out
                                                                somewhere—as a co-worker or parent or wife or
                                                                husband.
                              B-roll: Parents with children,    Broadcasters and parents are both fighting for what
                               NAB (slow dissolve)               they believe is an inherent right. For some, the fight
                              Photo: first amendment            is about free press.
Dave Aeikens, Former          On-cam Aeikens                   AEIKENS 00:20 The first amendment says
Society of Professional                                         government shall make no law abridging freedom of
Journalists President                                           press. And no law means no law. Nothing.
                              Clip: indecent programming       For others, its about the right to protection from
                                                                indecency.
Teresa Garcia, Preschool      On-cam Garcia                    GARCIA 25:58 I think that what should be allowed
Teacher                                                         on TV should be decent. I think it should be good,
                                                                educational. It should be moral. It shouldn’t affect
                                                                people negatively. And I think Congress should be
                                                                behind that because they are supposed to protect the
                                                                people.
                              B-roll: Aeikens, Garcia (slow     Interestingly, Aeikens, Garcia, and both of their
                               dissolve)                         constituents have the same goal …
                              On-cam Hanko                      HANKO 5:15 I think it’s sad but there is a lot of
                                                                 demented and minds that take advantage of children.
                              On-cam Agress                     AGRESS 25:00 We’re not in the business of putting
                                                                 smut on our air.
                              B-roll: Capitol                   …But both groups claim different ways of achieving



                                                                                                         13
                                                                it.
                              Music up

Hagit Limor, Investigative    On-cam Limor                LIMOR 30:22 As the mother of a four-year old, I do
Reporter                                                   not hear certain words or address certain topics while
                                                           my child is watching TV. I find that offensive. I don’t
                                                           want to have to explain to him certain topics because
                              Clips: violent programming he’s not ready for them. But I have to. Because I turn
                                                           on the news and there are murders and rapes. He’s
                                                           four-year old. I have to explain more to him than I
                                                           think he’s ready for and the conversations that I want
                                                           to have for him at this point. But my worry is the
                              On-cam Limor                slippery slope—that once we start to say “you cannot
                                                           use these particular words,” then more words can be
                                                           added and more words and more words. And then
                                                           maybe it’s thoughts or ideologies and it becomes
                                                           bigger and bigger. As a journalist and a fighter for
                                                           the first amendment, I don’t want any rules and want
                                                           to believe we can self-regulate. As a parent, I’m glad
                                                           that mostly people self-regulate.
                              Clips: indecent programming The controversy over government regulation of
                              Photo: V-chip               broadcast media has grown in recent years.
                              Photos with transitions:    Broadcasters say new technology and the multiplicity
                               various media outlets       of channels gives viewers control over the content
                              Clips: Nixon and Watergate they see. Broadcasters say they want serve viewers
                                                           and emphasize that they are not trying to put risqué
                                                           content on the air.
Steven Kalb, Adjunct          On-cam Kalb                 KALB 11:10 We’re here to serve the public interest,
Professor of Broadcast                                     convenience, and necessity. If we fail to do that,
Journalism at University                                   these stations shouldn’t have licenses.
of Connecticut
                              B-roll: frequencies, Garcia at   But is self-regulation enough? Is it enough to
                               school, children watching        persuade parents to place the minds of their children
                               TV                               in the hands of broadcasters?
                              On-cam Hanko                     HANKO 4:15 That’s a great step but it’s still leaving
                                                                it way open to people who don’t think through.
                            Clips: Carlin, Golden Globes       Despite their differences, parents and broadcasters
                             Bono, Golden Globes flip           agree that indecent content has no place on broadcast
                             off, violent programming,          networks.
                             Saving Private Ryan, Pat
                             Tillman, Married by                The compelling question is whether government or
Airwaves                     America, Family Guy, Super         broadcasters should regulate indecency. For now,
Indecency Regulation:        Bowl Malfunction                   people must decide for themselves whether
Sense or Censorship         Static TV (fade)                   government regulation of airwaves is common sense
                                                                or censorship.
Produced and Directed by:     Music up


                                                                                                        14
Christina R. Durano           Black matte (fade)

Under the direction of:
Aaron Chimbel
John Tisdale, Ph. D.
Ron Pitcock, Ph. D.

Video and Music Courtesy
of:
FOX Television
CBS Television
NBC Television
ABC Television
C-SPAN
YouTube
Hulu
Metacafe
Incompetech Creative
Industries

Select Research Courtesy
of:
Broadcasting and Cable
Magazine
Broadcast Law Blog
CBS News
Federal Communications
Commission
National Association of
Broadcasters
U.S. Congress
U.S. Department of
Justice

Special Thanks to:
Dave Aeikens
Ellen Agress
D.C. Durano
Glenda Durano
Teresa Garcia
Jackie Hanko
Kristopher Jones
Steven Kalb
Lauren Kruk-Winokur
Hagit Limor
Phil Mann



                                                    15
David Oxenford
Kyle Simmonds
Stephen Taylor
Joyce Tudryn
Peggy Watson, Ph. D.
Texas Christian
University
TCU Schieffer School of
Journalism
TCU John V. Roach
Honors College
TCU Research Fund
Federal Communications
Commission
International Radio-
Television Society
National Association of
Broadcasters
News Corporation
Society of Professional
Journalists
Hope Christian School




                          16

				
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