FCC & Media Law

A Fleeting %)&!@#$

This week, a NYC court ruled against the FCC and in favor of the broadcast networks in a case that centered on “fleeting expletives,” uttered by the likes of Nicole Richie and President Bush, among others. Is this a free speech victory or a cultural loss? Parents Television Council President Tim Winter says the verdict was a big disappointment.


Do You Swear?

In a three part order issued last week, the Federal Communications Commission levied the largest fines ever against broadcast stations for airing “indecent content.” The biggest blow was a $3.6 million fine for implied sexual situations on the CBS drama “Without a Trace.” Bob speaks with Democratic Commissioner Jonathan Adelstein, who dissented from large portions of the majority decision, but stands by the government’s right to protect against the most egregious trespasses.


Working Blue

One of the many shows singled out by the FCC in its recent indecency report was, it should come as no surprise, "NYPD Blue". The show ultimately avoided fines because it predates the current standards but the commission’s opinion did cite it for using language and situations that were “shocking, explicit and gratuitous.” Steven Bochco, creator of the series, joins Bob to engage in an adult conversation about art imitating life.


Tweaking Telecom

In recent weeks, the intended overhaul of the Telecommunications Act seems to have shriveled into a minor revision, as such issues as network neutrality and video franchising slide on and off the table. Now, committee members are weighing the power of the baby bells (not quite babies anymore) against the power of public pressure. Congress Daily reporter David Hatch talks with Bob about the political wrangling.


Courting Fiction

Dan Brown, author of The Da Vinci Code, is being sued in a London court for copyright infringement. Plaintiffs Michael Baigent and Richard Leigh claim that aspects of the mega-hit novel were cribbed from their non-fiction book, The Holy Blood and the Holy Grail. Brooke talks first with Katherine Rushton, a reporter for Bookseller, then with Sarah Dunant, author of In the Company of the Courtesan, about the case and the nature of historical fiction.


Updates

Brooke and Bob have an update about the case against two civilians charged with leaking, and a bit of news about a lawsuit against one of our recent interviewees.


Speak Well, Or Not At All

In a couple of weeks, Turkish novelist Orhan Pamuk is scheduled to go on trial for the crime of insulting his country. European Union officials now debating Turkey’s application to join the group have decried the prosecution as an affront to freedom of expression. But some of those critics come from countries that have similar laws on their books. Media lawyer Kevin Goldberg speaks with OTM guest host Rick Karr about what are known as insult laws.


God In, Garbage Out

This week, FCC chairman Kevin Martin suggested that consumers should be allowed to pick and choose "a la carte" which cable channels come into their homes. The cable industry cried foul. As Los Angeles Times reporter Jube Shiver explains to Bob, the debate has confronted one group with an especially thorny set of issues – religious broadcasters.


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