On The Media - FCC & Media Law

Fleeting Expletives (On The Media)

Mon, 30 Jun 2008 16:34 GMT

When comedian George Carlin died last Sunday, most remembrances focused on his infamous “Seven Dirty Words” routine, which ran afoul of the FCC and engendered a landmark Supreme Court case. Miami Herald television critic Glenn Garvin says America is divided over indecency and past guests weigh in on the debate over broadcast obscenities.

How to Fix Tech Policy (On The Media)

Mon, 14 Apr 2008 17:46 GMT

What can the next president do to right the wrongs of the Bush Administration when it comes to technology policy? Columbia University law professor and co-author of Who Controls the Internet Tim Wu makes his recommendations regarding broadband, the FCC and government transparency through technology.

FOIA's Foil (On The Media)

Mon, 11 Feb 2008 16:50 GMT

Tucked away into President Bush's 2009 budget was language that eliminates the FOIA ombudsman. The newly-created position was at the heart of legislation that Bush recently signed into law, and was intended to expedite government's response to Freedom of Information Act requests. Cox Newspapers' Rebecca Carr explains that without the ombudsman position we shouldn't expect any improvements in the painfully slow FOIA process.

Search Terms (On The Media)

Mon, 28 Jan 2008 16:57 GMT

Our computers hold delicate personal documents, sensitive medical information and even confidential sources. So can border authorities search hard drives as freely as they search make-up bags? Adam Liptak, national legal correspondent for The New York Times, explains that a string of court cases may determine what protections (if any) extend to our data.

The Lone Operator (On The Media)

Mon, 24 Dec 2007 20:15 GMT

FCC Chairman Kevin Martin helped push through two rulings this week - despite opposition from lawmakers on both sides of the aisle, pro-business lobbyists, media watchdogs and all of his fellow commissioners. Jim Puzzanghera of the Los Angeles Times says the contentious rulings reflect Martin's go-it-alone style.

2! 4! 6! 8! Who Do We Consolidate? (On The Media)

Mon, 05 Nov 2007 20:03 GMT

It’s been a busy week at the FCC. In a decision which affects millions of cable subscribers, they ruled against exclusive deals between cable companies and apartment owners. They also held public hearings on media consolidation. Broadcasting and Cable’s John Eggerton explains the stakes.

Parsing Privilege (On The Media)

Mon, 15 Oct 2007 19:25 GMT

A bill offering a federal shield law just might go to the House floor for a vote this week. Which means that U.S. journalists are closer than ever to having legal protection for their conversations with sources. New York Times reporter Adam Liptak explains.

Cell Division (On The Media)

Mon, 06 Aug 2007 19:18 GMT

When the FCC devised new rules for some cell phone carriers this week there was an 800 lb. search engine in the room. Why would Google want to free you from your restrictive cell phone contract? Media professor Siva Vaidhyanathan explains how the internet giant is following the web wherever it leads.

A Fleeting %)&!@#$ (On The Media)

Thu, 14 Jun 2007 18:03 GMT

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? (On The Media)

Thu, 09 Nov 2006 17:14 GMT

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 (On The Media)

Thu, 09 Nov 2006 17:15 GMT

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 (On The Media)

Thu, 09 Nov 2006 17:37 GMT

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 (On The Media)

Thu, 09 Nov 2006 17:39 GMT

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 (On The Media)

Thu, 09 Nov 2006 19:50 GMT

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 (On The Media)

Thu, 09 Nov 2006 20:01 GMT

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 (On The Media)

Thu, 09 Nov 2006 21:22 GMT

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.

Criminal Content (On The Media)

Wed, 10 Jan 2007 16:32 GMT

Broadcasters are legally required to serve “the public interest.” But as long as the FCC equates “public interest” with “local interest,” the result is likely to be hours upon hours of crime reporting, which only exacerbates implicit racism in viewers. At least that’s what UCLA law professor Jerry Kang thinks. He lays out his argument for Daljit.

Mums of the World (On The Media)

Mon, 26 Feb 2007 20:27 GMT

Before suspects were taken into custody in the July 21st London bombings, the media frenzy was well under way. But immediately after the arrests, civil liberties groups complained that the sensational coverage was jeopardizing the suspects' right to a fair trial. The fact that Fleet Street capitulated to those complaints is largely due to Britain's sub judice law, which allow courts to effectively gag the press. Media attorney David Hooper explains the law to Bob.

My Sin, My Soul... Whose Lolita? (On The Media)

Mon, 26 Feb 2007 22:07 GMT

Lolita follows the travails of an older man obsessed with a young girl, and was first published … in 1916? 42 years before Vladimir Nabokov's novel, a short story by Heinz von Lichberg titled "Lolita" was published in Germany. Was Nabokov a plagiarist? Or did he suffer from cryptomnesia? Brooke talks to New York Observer columnist Ron Rosenbaum about the line between appropriation and regurgitation.

The Sound Salvation (On The Media)

Tue, 29 May 2007 22:28 GMT

A Christian station here, a Christian station there. But together, religious broadcasters account for well over half of the low-power FM licenses granted by the FCC. And now, they've banded together to create de facto networks. Does this sort of large-scale mobilization by religious broadcasters defeat the intent of low-power legislation? Bob puts the question to San Francisco Chronicle staff writer Joe Garofoli.

Property Wrongs (On The Media)

Thu, 12 Jul 2007 17:57 GMT

Earlier this month, a judge in California ruled that three bloggers must divulge the source of information posted on their websites. The information detailed soon-to-be released Apple hardware, and had been leaked by Apple employees. The bloggers claimed that they were protected from having to testify by California's "shield law." But the judge said that no journalist, online or other, could bow out of an investigation that had to do with trade secrets. Bob talks to internet law maven Susan Crawford about the ramifications of court-endorsed secrecy for journalism. David Berkman "Leaving Home" Album: Leaving Home Label: Palmetto Jazz

Chairman Martin (And The Gang Of Four) (On The Media)

Wed, 01 Aug 2007 21:42 GMT

This week, President Bush promoted FCC Commissioner Kevin Martin to chairman of the agency. Because he's already on the FCC, confirmation hearings won't be necessary. And so Martin, a shrewd political strategist and a hawk on indecency, becomes the person with the most influence on media regulation - with no questions asked. Bob has a few questions of his own, and turns for answers to Broadcasting & Cable senior writer Bill McConnell.

Army of Three (On The Media)

Tue, 20 May 2008 18:03 GMT

Last month, the FCC hit Fox stations with the largest ever aggregate fine for indecency on TV. The offending material was a scene on the short-lived reality show "Married by America," involving strippers and whipped cream. Regulators said the move was triggered by 159 citizen complaints. But Buzzmachine.com blogger Jeff Jarvis tells Bob that the actual number of angry missives was much, much smaller.

Ocean State Standoff (On The Media)

Tue, 20 May 2008 18:10 GMT

A reporter in Providence, Rhode Island this week joined the ranks of reporters facing jail time for refusing to disclose a confidential source. Reporter's Committee for Freedom of the Press executive director Lucy Dalglish weighs in on what it portends for the health of American journalism.

Photo Realism (On The Media)

Tue, 20 May 2008 20:16 GMT

Last week, a photographer for a Missouri student newspaper was assigned to cover a campus political rally. During the event, she inadvertently photographed a theft in progress. The student offered to show the image to the police, but instead, they confiscated her camera. And with that, the incident entered the annals of conflict between media and law enforcement. Mark Goodman, executive director of the Student Press Law Center, discusses the case with Bob.

Settling Down With a Good Movie (On The Media)

Wed, 21 May 2008 17:41 GMT

Most of the time, trial lawyers don't ever make it to trial. Personal injury lawyer Len Gabbay often serves his clients' interests by keeping them out of court. And he does it with the help of a video camera. Gabbay compiles documentaries on the suffering of the plaintiff, and screens it for the defendant. He tells Brooke that nine times out of ten they settle, and everyone is spared the ordeal of a trial.

Interrogating Freedom (On The Media)

Wed, 21 May 2008 17:47 GMT

Months after it punished a New York Times reporter for unflattering coverage, the Brazilian government is again under fire for a new measure to keep the press in check. Lawmakers are debating a proposal for a Federal Journalism Council that would have the power to "orient, discipline, and monitor" reporters, and could theoretically bar reporters from the profession if they violated a new code of ethics. Brazilian journalist Antonio Brasil discusses the controversy with Bob.

Communications Breakdown (On The Media)

Wed, 21 May 2008 18:09 GMT

Do you like how the public airwaves are being used? FCC Commissioner Michael Copps, for one, emphatically does not. As the Republicans gathered last month in New York, Copps decried the networks' skimpy convention coverage. And in condemning the general state of broadcast television, he heartily bit the hand that feeds him. Copps bares his teeth for Brooke.

Let Them Leak (On The Media)

Wed, 21 May 2008 21:26 GMT

A judge found five reporters in contempt of court this week for refusing to divulge their sources for information besmirching the reputation of Chinese-American scientist Wen Ho Lee. And journalists were slapped with yet more subpoenas in the investigation into the outing of former CIA agent Valerie Plame. Media reps are outraged, but what think people on the other side of the leaking equation? Mike gets an answer from preeminent leaker Daniel Ellsberg.

Kerry's FCC Change (On The Media)

Wed, 21 May 2008 21:52 GMT

The media issues at stake in the presidential campaign have thus far mostly centered on which candidate reads more newspapers. But recently John Kerry hinted that he also has big plans for shaking up the FCC. Mike talks to Editor & Publisher reporter Mark Fitzgerald about what national media policies would look like under President Kerry.

This is Only a Test (On The Media)

Wed, 21 May 2008 22:02 GMT

Most of us still remember the old weekly test of the Emergency Broadcast System. Its ungodly tone and stern warning that "this is only a test" was a nice way to say “no, the ICBMs are not on the way." In the post-Cold War era the possibility of nuclear war has been replaced by terrorist attacks and other localized emergencies. Bill McConnell of Broadcasting & Cable magazine tells Bob that the FCC's first major overhaul of the Emergency Alert System in decades will rely on cutting edge technology.

Satellite Speakeasy (On The Media)

Tue, 20 May 2008 20:45 GMT

This week, Howard Stern, the self-proclaimed King of All Media, announced that he'll soon be leaving Infinity Broadcasting. In fact, he'll be leaving terrestrial broadcasting altogether and taking his act to Sirius Satellite Radio, where the FCC can't touch him. Sirius is betting $100 million a year on the deal in hopes that legions of listeners will follow Stern to pay radio. Bob discusses the deal with Scott McKenzie, editor in chief of Billboard's Radio Monitor.

Smells Like Censorship (On The Media)

Mon, 02 Jun 2008 16:37 GMT

Simon Haselock was the head of media development and regulation for the former Coalition Provisional Authority. He has been criticized for taking a heavy hand in creating the FCC-like Independent Media Commission to regulate the Iraqi media. Now Haselock is worried that all the checks and balances he had suggested will be undone with the creation by the Iraqi government of the Higher Media Commission which would regulate against, among other things, criticizing the new president. Bob gets the scoop.

China Crisis (On The Media)

Mon, 02 Jun 2008 16:38 GMT

In China, the bold and hugely successful tabloid, The Southern Metropolis Daily, made journalistic history last year when it affected actual change with one of its exposes. But good things come to an end and now the paper's crusading editor is sitting in jail awaiting charges. Meanwhile, two of his colleagues have been hit with 6 and 8 year sentences for what appear to be trumped up charges of corruption and bribery. Bob talks with Washington Post's Beijing bureau chief, Philip P. Pan.

Doctor, I've a Pain in My HIPAA (On The Media)

Mon, 02 Jun 2008 16:42 GMT

Medical reporters play a vital role in documenting hospital practices, but the Health Insurance Portability and Accountability Act, or HIPAA is making it increasingly difficult for them to do so. Andrew Holtz is a freelance medical reporter based in Portland, Oregon and was the former head of the Association of Health Care Journalists. He tells Brooke how HIPAA is giving hospitals the power to shut out journalists.

A Cause for Alarm (On The Media)

Mon, 02 Jun 2008 17:04 GMT

Critics of big media, thus far focused mainly on the FCC, have taken their fight to the FTC. MoveOn.org and Common Cause this week asked the Federal Trade Commission to strip Fox News of its "Fair and Balanced" slogan on the grounds that it amounts to false advertising. It's the latest in a full scale assault against the network by hardcore progressives. But might it also signal the advent of media issues in mainstream political discourse? Brooke talks to Democratic pollster Paul Maslin about how liberals are taking back a cause dominated for years by conservatives.

In With No News (On The Media)

Mon, 02 Jun 2008 17:14 GMT

The disgruntlement that's boiled over at the Voice of America has been brewing for years. Since 9/11, many staffers have felt that the editorial firewall between the government and VOA's journalists has been steadily crumbling. Brooke speaks with former VOA Acting Director Myrna Whitworth, who was replaced after she defied the State Department and broadcast an interview with Taliban leader Mullah Omar in 2001.

Goliath Stumbles (On The Media)

Mon, 02 Jun 2008 17:43 GMT

When the Republicans take Manhattan later this summer, among the billboards they'll see in Times Square will be two with an antiwar message. That's the upshot of a deal this week between the activist group Project Billboard and Clear Channel Communications, who owns the billboards. Clear Channel had originally rejected the group's business on the grounds that its message was "inappropriate" for terror-rattled New Yorkers. Bob reflects on the growing power of the Davids who stand up to the Goliaths of media consolidation.

Russia Update (On The Media)

Mon, 02 Jun 2008 17:44 GMT

A brief update the deteriorating situation for press freedom in Russia.

Sweating Suspects (On The Media)

Mon, 02 Jun 2008 17:46 GMT

This week, The New York Times and its columnist, Nicholas Kristof, were slapped with defamation lawsuits by Steven J. Hatfill, the former government scientist once named a "person of interest" in the FBI's investigation of the anthrax attacks. He was never charged, but did feature prominently in several of Kristof's columns, thinly disguised as "Mr. Z." Who gave Kristof the information? Two years ago, when Hatfill first defended himself in public, Brooke filed this report on the law enforcement tactic of intentionally leaking information to the media.

Outrage? Not so much (On The Media)

Mon, 02 Jun 2008 18:19 GMT

While the gatekeepers of American media hem and haw over what to do with the gory footage of war, news consumers in the Arab world are getting a steady stream of those very images via satellite television. And when it comes to things like hostage executions, says Arab media critic Mamoun Fandy, commentators on many of those stations provide nothing in the way of condemnation, and so they fan the flames of ignorance and hatred. Fandy makes his case for Brooke.

Mob Scene (On The Media)

Mon, 02 Jun 2008 18:56 GMT

In April of 2002 in the Russian city, Togliatti, a newspaper editor was shot to death in his car. Valery Ivanov was murdered following a series of stories in the Togliatti Observer exposing ties between the local mafia, businesses and corrupt law enforcement agencies in the region. Although shocking, the assassination wasn't necessarily out of the ordinary. Ivanov was the sixth journalist targeted in Togliatti since 1995 - killings documented in the film "The Russian Newspaper Murders," to air as part of the PBS Wide Angle series this week. Bob spoke with the film’s director, Paul Jenkins.

Hand it Over (On The Media)

Tue, 03 Jun 2008 16:30 GMT

When the so-called handover of sovereignty from the Coalition Provisional Authority takes place in Iraq on Wednesday, the Iraqi Media Network will be one of the institutions that changes hands. Network officials say it will form the backbone of a new public broadcasting service in Iraq, but critics counter that its independence has already been nipped in the bud by excessive regulation on the part of the CPA. Brooke talks to the CPA's head of media development and regulation, Simon Haselock.

Deregulation Update (On The Media)

Tue, 03 Jun 2008 16:33 GMT

A federal appeals court in Philadelphia this week joined the ranks of those who disapprove of the FCC's recent decision to relax media ownership caps. Bob and Brooke give a brief update on the status of the deregulation skirmishes.

Before the Purge (On The Media)

Tue, 03 Jun 2008 18:01 GMT

On Wednesday, a judge in Florida heard arguments in a case brought by CNN against the State of Florida. At issue is the list of convicted felons in the state, who under Florida law, must be purged from the voting rolls. State law allows the press to view the list, but not to copy or disseminate it. Florida Senator Bill Nelson, who has joined CNN in its lawsuit, tells Brooke why he thinks it's so important that the media have full access to the list

Clean Up Follow Up (On The Media)

Tue, 03 Jun 2008 18:02 GMT

Clear Channel Communications has agreed to pay the government $1.75 million, in exchange for the FCC scrapping all pending indecency complaints against the radio conglomerate. It's the largest indecency settlement ever, but it could have been even larger. Lawmakers have proposed boosting fines for broadcasters to 500 thousand dollars, which could then be multiplied by the number of stations which aired the material. Then again, the prospects for any indecency legislation reaching Bush's desk this year aren't what they were a few months ago. The New York Times' Jacques Steinberg updates Bob on the campaign against broadcast indecency

Spectrum Speculations (On The Media)

Tue, 03 Jun 2008 19:50 GMT

The digital evolution will be televised. Whether or not you can see it depends on whether you are still watching an analog tube. Seven years ago, Congress created a plan for the government to take back the analog spectrum, making television a strictly digital affair. Now, the FCC has proposed speeding up that process, and broadcasters are none too happy. Former FCC chief economist Tom Hazlett joins Bob to discuss the winners and the losers of the high-def changeover.

FOIA Oh-Boya! (On The Media)

Tue, 03 Jun 2008 21:45 GMT

The Freedom of Information Act, known as FOIA, can be a lean mean fighting machine in the battle against excessive government secrecy. The FOIA request is not a difficult tool to wield – it takes just a little know-how and a lot of patience. Russ Kick knows the drill. Independently, he’s filed hundreds of FOIA requests and they have yielded some unforgettable results. Russ Kick offers Bob a how-to lesson on freeing information from secrecy.

Examining Ourselves (On The Media)

Tue, 03 Jun 2008 21:47 GMT

Brooke parses two surveys so that you don’t have to. One from the Pew Center for People and the Press, and one from Fairness and Accuracy in Reporting (FAIR). The findings, and her conclusions shed some light on where journalists stand in a deeply divided America. Brooke parses two surveys so that you don’t have to. One is from the Pew Center for the People and the Press, and the other is from Fairness and Accuracy in Reporting (FAIR). The findings – and Brooke’s conclusions – shed some light on where journalists stand in a deeply divided America.

The Drink Stink (On The Media)

Mon, 09 Jun 2008 19:28 GMT

New York Times correspondent Larry Rohter can stay in Brazil, after all. Earlier this month, the Brazilian government declared it would revoke the reporter's visa because of an article he wrote about President Luiz Inacio Lula da Silva's drinking habits. The nation's media rallied to Rohter's defense, but only on principle. For the most part, they remain uniformly critical about the article in question. As Brazilian journalist Antonio Brasil tells Bob, many of them saw the episode as more evidence of the sorry state of American journalism.