04.30.07
CBS Radio’s Double Standards — NOT The First Amendment
CBS Radio’s Double Standards — NOT The First Amendment
All eyes on you, Leslie
First off, thanks to everyone who showed up to the rally on Friday! The execs and staff at CBS Radio (and the dozen or so JV & Elvis supporters that were also there) heard our message loud and clear, which was:
“Fire JV & Elvis NOW!”
Our webmaster also reports that dozens of individuals from CBS Radio have been logging onto our site for an extended period of time. Hopefully, the overwhelming and detailed evidence on these pages will prompt CBS President and Chief Executive Officer Leslie Moonves to make a responsible and timely deicision.
Meanwhile, the Organization of Chinese Americans (OCA) and other groups will be spending this week contacting Vandergrift and Lay’s array of corporate advertisers. Keep an eye on this site for a list of those companies.
On the subject of Mr. Moonves, we would like everyone to understand that this call to action is not about “The First Amendment” or “free speech” or “censorship” or whatever catchphrase JV & Elvis are trying to use this week to deflect their history of racist and derogatory remarks about Asians.
What this protest is about is CBS Radio’s blatant and absolutely unacceptable double standards when it comes to racially insensitive remarks about Asian Americans.
After the firing of Don Imus, CBS Radio issued the following press release:
CBS today announced its decision to cease broadcasting the Imus in the Morning radio program, effective immediately, on a permanent basis.
“From the outset, I believe all of us have been deeply upset and revulsed by the statements that were made on our air about the young women who represented Rutgers University in the NCAA Women’s Basketball Championship with such class, energy and talent,” said CBS President and Chief Executive Officer Leslie Moonves, in announcing the decision. “Those who have spoken with us the last few days represent people of goodwill from all segments of our society – all races, economic groups, men and women alike. In our meetings with concerned groups, there has been much discussion of the effect language like this has on our young people, particularly young women of color trying to make their way in this society. That consideration has weighed most heavily on our minds as we made our decision, as have the many emails, phone calls and personal discussions we have had with our colleagues across the CBS Corporation and our many other constituencies.”
Imus in the Morning was carried on 61 stations across the United States and distributed over the Westwood One radio network. The cancellation of the program comes after statements Mr. Imus made about the young women who comprised the Rutgers University Women’s Basketball team, which reached the finals of the NCAA Women’s Basketball Championship this spring.
Moonves concluded: “I want to thank all those who came to see us to express their views. We are now presented with a significant opportunity to expand on our record on issues of diversity, race and gender. We intend to seize that opportunity as we move forward together.”
When Mr. Moonves said that he and CBS Radio were being “presented with a significant opportunity to expand on our record on issues of diversity, race and gender”, we, as Asian Americans, assumed that our community was also included in that lofty vision.
FALLOUT CENTRAL hopes that Mr. Moonves is equally “deeply upset and revulsed” by racist remarks like “hot Asian spicy ass”, “you rike fortune cookie?”, “no tickee, no rauree”, and Asians “can’t see”, among many, many others, as he was with “nappy-headed hos”.
Demonstrate social and corporate responsibility and be a man of your word, Mr. Moonves.
Amy said,
April 30, 2007 at 2:04 pm
And yet you continue to ignore the double standard that you put forth: the proposed goal of inspiring discourse v. the actual attempt to sever all discourse.
wai ling said,
April 30, 2007 at 3:05 pm
this is america not communist china. give it up
Jun Zuniga said,
April 30, 2007 at 4:27 pm
CBS, the Asian American community is watching and there will be public action taken on any sponsors/advertisers who through their advertising dollars illustrate that they support racism aimed against the Asian American community! Accountability for JV & Elvis, no double standards, the next action is clear. Terminate their respective employment.
Pat said,
April 30, 2007 at 6:27 pm
And what, I must ask, do you hope to accomplish? This tunnel vision focused on two people who are by no means the most menacing threat to the Asian community (not a threat at all, in my opinion); all of this energy harbored into one case - it just appears that you’re jumping on a bandwagon because attacking talk radio is the thing to do right now; it will certainly make news and potentially get you into the headlines. And that is, in a way, what you want isn’t it? Why would you continue to harp on the Imus situation if you weren’t riding on its coat tails? If you didn’t see a sore spot, would you even be bothering with CBS? It’s all rather convenient: the shouting of demands, the attempts to back CBS into a corner. Did the OCA or Fallout Central ever directly contact JV and Elvis to express their discontent and work toward a solution? I honestly don’t know the answer to that, but I’m guessing they didn’t because the point was to make Media Spectacle #2 out of this, ensuring that your names are written all over it.
Ed said,
April 30, 2007 at 9:44 pm
I have informed many of my friends (Asian & Non-Asian) of the situation at CBS, and ALL have unanimously agreed that this is unacceptable behaviour. Some have questioned why CBS has not acted with a similar standard in comparison with the Imus incident.
The proper way for CBS is clear.
1)employee breaks corporate ethical standards (JV and Elvis / Imus)
2)corporation (CBS) fires employee.
By suspending JV and Elvis…is CBS allowing or endorsing futher insults to Asians? I do no believe so yet.
CBS please do what is right.
JimmyConnors! said,
April 30, 2007 at 10:11 pm
Yeah man! Let’s fire ALL the radio shows!!! Let’s make America like our old home in China, unequal and censored. Let’s not stop until THERE ARE NO MORE RADIO SHOWS!!! YEAH!!!!! That’ll fix everything! If JV and Elvis are fired, not only will evey other radio show be fired, BUT ALL RACISM WILL STOP! Yeah, nobody will say C***K or G**K anymore, those words will be completely forgotten by the American people. CBS DO WHAT IS RIGHT. FIRE EVERYONE BECAUSE THEN THE PROBLEM WILL BE OVER AND EVERYONE WILL BE A BIG HAPPY FAMILY!!!!
JimmyConnors! said,
April 30, 2007 at 10:20 pm
Oh btw we may be having an anouncement coming up on doghouseforum.com that should make you all very happy
G.S. said,
April 30, 2007 at 10:20 pm
I know lets get rid of all entertainment in general, because someone, or some group can find anything offensive.
Just kill it all, this is a pure WITCH HUNT.
Despite how ever you want to cover up this Censorship issue, this freedom of speech issue it is what it is, it is an assault on everyone. Stop playing with words you know it is straight up censorship, you are trying to limit what the public can hear because you do not agree with it…That is CENSORSHIP, the prank call was not a clear and immediate threat to anyone and therefore it too is covered in a few key US Documents, ya might wanna brush up on.
End with this…
“This seems to be the new fad for these a**hole groups out there. Having DJs thrown off the air because their feelings are hurt…poor babies!”
- A radio host who has REASON, and brains and not to mention one of the most successful radio shows of all time.
JimmyConnors! said,
April 30, 2007 at 10:31 pm
THAT DJ IS KNOWN AS WIFFLEBATLUBE, AND HE HAS ONE OF THE BEST RADIO SHOWS IN HISTORY, THE FRUNKISS AND RAMONE SHOW
valerie said,
April 30, 2007 at 11:50 pm
Dear Pat,
Please read http://www.falloutcentral.com/news/2007/04/24/open-letter-to-cbs-radio-fire-jv-elvis-now/
I hope this answers your question. This JV and Elvis case is not a “THING” to do. We would have done the same even if there was no IMUS case… and neither should have happend. If insulting other people was the only joke that people can come up with, I suggest that they should go back and where this putting down other people behavior is coming from.
We should be working together for the better world.
I hope to see mutual respect among people in this country. Supposedly called melting pot… I see chunky soup here…
Manny Fishman said,
May 1, 2007 at 2:19 am
It’s amazing that you don’t own up to your own double standards. You had one post regarding the Imus situation because you could care less if someone else is offended. Plenty of you probably found it funny given your clear racism and dislike of all non-Asians. Where were you when Al Sharpton was protesting? Where were you when the Hispanics were marching for immigrant rights?
When someone values the quality of life of their own race over that of other races, that is the purest form of racism?
You are living glass houses and launching boulders. May it come crashing down on you.
humper said,
May 1, 2007 at 6:09 am
you call asian-american empowerment by asian-americans a double standard? where was manny fishman when al sharpton was protesting and where was manny fishman when the mexicans are calling for equal immigration rights?
you’re the racist with the double standards because you can’t stand the house slaves finally speaking up against your racist agendas.
and for the numbnuts who say it’s censorship, tell us where’s CBS and other networks to voice an asian-american perspective that is not racist? if it’s humor, then where’s the asian-american comedians and humorists?
be the rednecks you are and go start your own podcasts.
Manny Fishman said,
May 1, 2007 at 3:10 pm
No, you’re the racist! See how stupid and childish that is?
I would never stand by an ass clown like Al Sharpton and when the “Mexicans” (it’s interesting that you singled them out, no doubt more a sign of your deep seeded racism) were marching for immigrant rights I was again sitting at home because I didn’t agree with their point of view. My parents came over here legally and I don’t see a problem with the system.
I’m not a sheep like you. I can think on my own and make up my own mind on issues.
Jessi Collins said,
May 1, 2007 at 5:38 pm
GS & Manny - please, go get a sense of humor or laid. Preferably both. You guys are simply embarassing me.
Sorry to the Asian community for morons like these. I humbly apologize for the White race. We’re not all racist trailer trash like these guys.
I deal with immature pricks like these harassing me everyday myself so believe me, I’m just as fed-up with them as you!
humpey said,
May 2, 2007 at 6:43 am
“(it’s interesting that you singled them out, no doubt more a sign of your deep seeded racism)”
nope, i learned from the best in amerikkka from racist red**** h**** like yourself.
humpey said,
May 2, 2007 at 6:46 am
“apologize for the White race. We’re not all racist trailer tr**** like these guys.”
there’s no need for apologies. racists speak for themselves only, but it happens they are just white majority because of historical reasons.
in order to truly achieve equality, justice and liberty for all people need to start seeing each other as individuals and not representative of their race.
numbnuts like manny should not be held accountable for the color of their skin and representative of whites, just like how cho seung hui can’t be held as representative of asians.
JimmyConnors! said,
May 2, 2007 at 8:03 pm
humpey why are all of us jv and elvis fans now racist as a result….I for one am not racist I just don’t give a sh** about your oganization nor do I think Asians and black people deserve to be treated with kid gloves in the media. I’m jewush and I don’t think Lou dobbs should be fired. Its not about being racist its about manning up and not being a pack of sensitive p***ies and then not saying that all of your people feel this way
BenBenXiong said,
May 2, 2007 at 8:06 pm
–duplicate comment–
JimmyConnors! said,
May 2, 2007 at 9:37 pm
the double standard already occured with imus being fired ben…this shit is said all the time by rappers and imus got fired for saying it.
Also the point on kids…if any kids heard the chinese restaurant prank it was because they were cutting school. Kids are typically in school before 9:00 which is when the doghouse program starts. That’s why I hate the morality or children part. Its not a kid’s show
JimmyConnors! said,
May 2, 2007 at 9:38 pm
“whether I want to voluntarily expose myself to “Candy Wrapper” or “Chinese Food” in my own home, or not be involuntarily be forced to be exposed to “Candy Wrapper” or “Chinese Food”.”
Involuntarily be exposed? What, were you held down and forced to listen to the show?
BenBenXiong said,
May 2, 2007 at 9:54 pm
From: “Albert Wang”
Cc: [OCA-NY Board and Advisory Council members]
Sent: Monday, April 30, 2007 12:44 PM
Subject: RE: OCA-NY Advisory Council
> I will prepare a formal resignation letter, with a press release, and
submitted to the OCA-NY Advisory Council at next Tuesday’s meeting for the
Advisory Council’s acceptance.
>
> OCA-NY should do things properly, and observe the requisite corporate
formality required of a 501(c)(3) not-for-profit corporation.
>
> While you are the current President of OCA-NY, please take notice that you
are not above the Certificate of Incorporation and Bylaws of OCA-NY.
>
> If you wish to force me to resign from OCA-NY’s Advisory Council, you can
convene a Special Meeting of the Board of Directors of OCA-NY, and remove me
properly in accordance with OCA-NY’s Certificate of Incorporation, Bylaws
and other applicable OCA policies and procedures.
>
> NO DOUBLE STANDARD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
>
> DEMOCRACY applies to OCA-NY actions as well. We do things the American
way, the legal way.
>
> OCA-NY President should not be a totalitarian, and act without the express
blessings of OCA-NY’s Board of Directors.
>
> OCA-NY decisions should be made by the Board of Directors, and should be
properly memorialized in the minutes of Board meetings.
>
> Do things properly.
>
> Hope we can continue to maintain our personal friendship, notwithstanding
our disagreement. We have common objectives, but different approach.
OCA-NY has been losing its leverage every day by not encouraing its members
to file complaint with the FCC.
>
> Your insistance on firing the Dog House hosts tells the world that OCA-NY
offers no mercy even if the wrongdoer has promptly apologized. It is
inhumane to force CBS to fire its employees by using political pressure and
other undue influence. I am very disappointed at OCA-NY’s stubbornness in
sticky to a losing game plan, and is telling the rest of the Chinese
American community to become losers by standing behind OCA-NY.
>
> I will independently mobilize my friends and contacts to continue to file
complaints with the FCC against CBS Radio. I will make sure that FCC fully
investigate CBS Radio, and sanction CBS Radio (the radio station) for
broadcasting INDECENT materials, regardless of whether “Chinese Food”
program contains racially discriminatory materials or not.
>
> INDECENT broadcast is agains federal law. None of us is above the law.
OCA-NY should not challenge the First Amendment Freedom of Speech. It is a
losing cause. If you don’t like the United States Constitution, try to get
a Constitutional amendment (which is mission impossible), or you are free to
move to Canada, Mexico, Cuba or China where the United States Constitution
does not apply.
>
> Please use my personal e-mail address, albertwang221@hotmail.com, when you
respond. While I am a partner at a reputable New York law firm, this is not
a client matter being handle by my firm, and I like to make it clear that
this is my personal civic activity, and that my firm should not be brought
into this controversy.
>
> Respectfully yours,
>
> Albert
>
>
BenBenXiong said,
May 2, 2007 at 9:56 pm
From: “Albert Wang”
To: [undisclosed recipients]
Sent: Tuesday, May 01, 2007 7:17 PM
Subject: Fw: Re: CBS - 2005 No Social Responsibility Report; 2006 Social Responsibility Report
> I am being involuntarily expelled by OCA-NY, notwithstanding that I live in
> America, a country that values SUBSTANTIVE DUE PROCESS and PROCEDURAL DUE
> PROCESS.
>
> I will be happy to be a temporary consultant to OCA-Long Island (since I
> used to live in Long Island and has an apartment in Flushing), free of
> charge, until this uphill battle is won, provided that I get some psychic
> satisfaction that my suggestions are not taken for granted and ignored.
>
> I don’t fight losing battles. My clients love me because, so far in the
> past 13 years, I have not lost. Why pick fights that you cannot win?
> OCA-NY is pitting itself against the Bill of Rights, the FIRST AMENDMENT
> Freedom of Speech, and even I will have to oppose OCA-NY’s position because
> it is clearly erroneous.
>
> I am somewhat discouraged by the First Baby of the Year, CW11’s Fried Mice
> reports, and the Dog House Chinese Food broadcasts. I promised my wife
> that, after this battle, I will “retire” myself from civil rights matters,
> and focus on my paying clients who follow my advice.
>
> I am in San Diego now. Please put me in touch with OCA-San Diego chapter.
> I like to join OCA-San Diego as a member.
>
>
GS said,
May 2, 2007 at 10:22 pm
Awesome.. My comment towards Jessi and Humpy was deleted…
Greaaaat keep the fine work.
BenBenXiong said,
May 2, 2007 at 11:05 pm
John Mainelli of CBS Rado simply deleted my request for a copy of CBS’s Social Responsibility Report without even reading my e-mail!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
—– Original Message —–
From: “Mainelli, John”
To: “Albert Wang”
Sent: Wednesday, May 02, 2007 3:35 PM
Subject: Not read: Re: CBS - 2005 No Social Responsibility Report; 2006 Social Responsibility Report
> Your message
>
> To: Mateo, Karen L
> Cc: Forman, Robert; Mainelli, John; Chiusano, Tom; Yudkin, Greg;
> maggieyzeng@hotmail.com; Shiuyin Wang; e988@yahoo.com; jtsouesq@aol.com;
> Mark Fang; Gloria Dichter; elizabethwang@yahoo.com
> Subject: Re: CBS - 2005 No Social Responsibility Report; 2006 Social
> Responsibility Report
> Sent: Tue, 1 May 2007 21:34:34 -0400
>
> was not readWed, 2 May 2007 18:35:49 -0400
BenBenXiong said,
May 2, 2007 at 11:08 pm
FCC Order fining CBS $550,000 for its Indecent broadcast of Janet Jackson’s breast during 2004 Super Bowl
STATEMENT OF
COMMISSIONER KEVIN J. MARTIN
APPROVING IN PART, CONCURRING IN PART
Re: Complaints Against Various Television Licensees Concerning Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show, Notice of Apparent Liability for Forfeiture
I write separately to express two concerns.
First, hundreds of thousands of viewers across the country filed complaints asking us to find various aspects of the Super Bowl halftime show indecent. Some even complained that the whole show was indecent. This Notice, however, analyzes only one segment of the show. We have a duty to the public to fully analyze all of the complaints that we receive.
Second, as I have said before, we need to affirm local broadcasters’ ability – and responsibility – to reject inappropriate programming. This obligation is critical to local broadcasters’ ability to keep coarser network programming off the air in their communities. The network affiliates asked us to clarify that this right over three years ago. We still have not acted, and thus I concur in the decision not to fine the affiliates in this instance.
BenBenXiong said,
May 2, 2007 at 11:12 pm
FCC order ($550,000 fine) in 2004 against CBS for broadcasting Janet Jackson’s breast during 2004 Super Bowl
STATEMENT OF
COMMISSIONER MICHAEL J. COPPS,
APPROVING IN PART, CONCURRING IN PART
Re: Complaints Against Various Television Licensees Concerning Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show
Few incidents have focused such widespread attention on the issue of indecency on the airwaves or garnered more complaints than last year’s Super Bowl. Millions of Americans watched what should have been an all-American evening for the entire family. Instead, we got something far different – an outrageous stunt and over 540,000 complaints from people all across the country.
I agree that the Super Bowl halftime show violated the indecency statute and am pleased that we are taking this step to address a deplorable incident. I remain troubled, however, by certain aspects of the decision and therefore do not approve it in its entirety.
First, I am concerned by the precedent we establish in failing to assess a penalty against non-Viacom-owned affiliates that aired the Super Bowl. I recognize that the affiliates likely did not expect that this national event would include such indecency. Yet, many stations air programming that they do not produce themselves. The Commission must be careful not to signal that we would excuse indecent broadcasts merely because a station did not control the production of the content. Some level of fine would have been appropriate for these stations. The primary focus of our indecency enforcement under the statute must remain those who are licensed to use the public airwaves and we look to their vigilance to protect our children from indecent broadcasts.
Second, the Commission received complaints about other aspects of the halftime show and some of the commercials. Yet, the Order dismisses these complaints in a footnote with hardly any analysis or explanation. The FCC relies on viewers and listeners to file complaints about indecent broadcasts and places a heavy burden on complaining citizens. The citizens that filed these complaints have a right to expect more of a Commission follow-through on their complaints.
Finally, although the Commission is imposing the largest fine in history for indecency on television, let’s not kid ourselves that this fine will serve as a disincentive to multi-billion dollar conglomerates broadcasting indecency. This fine needs to be seen in the context of a broadcast in which each 30-second commercial cost more than $2 million. In other words, this fine represents less than 10 seconds of ad time on the Super Bowl and will be easily absorbed as a cost of doing business. We must continue to demonstrate to citizens that their complaints will receive prompt and vigorous attention and to the broadcast industry that Commission involvement in these issues is not a passing fancy.
BenBenXiong said,
May 2, 2007 at 11:15 pm
BROACAST of Janet Jackson’s breast & 2004 Super Bowl = FCC order for $550,000 fine against CBS (but not against Janet or CBS employees, the fine is against CBS the company)
STATEMENT OF
CHAIRMAN MICHAEL K. POWELL
Re: Complaints Against Various Television Licensees Concerning Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show
No television event has ever received as many complaints from the American public—over 540,000—as the Super Bowl XXXVIII halftime show produced by CBS. As countless families gathered around the television to watch one of our Nation’s most celebrated events, they were rudely greeted with a halftime show stunt more fitting of a burlesque show. The show, clearly intended to push the limits of prime time television, ultimately violated federal law that restricts indecent programming to times when children are less likely to be watching. The U.S. Constitution is generous in its protection of free expression, but it is not a license to thrill. “Anything goes,” is not an acceptable mantra for those that elect to earn their profit using the public’s airwaves.
Indecency determinations, however, must be made cautiously and with appropriate restraint. There is always a substantial danger that a regulatory authority buoyed by an outraged public will overstep and fail to heel to the commands of the First Amendment. Our decision stays in bounds, but I am troubled at the suggestion of some on the Commission that we should reach further and drop the hammer for the musical performances themselves—divorced from the infamous wardrobe malfunction—or for the commercials. I agree that some of the performances were risqué and that commercials were frequently crass and sophomoric, but they were hardly indecent within the bounds of federal law. To let loose governmental sanction on such a thin premise is to stray from our limited role in enforcing the indecency laws, into the role of national nanny—arbiter of taste, values and propriety.
One critical way in which we exercise restraint is by analyzing the alleged indecent material in the context in which it is presented to the viewer or listener. Broadcasters plead frequently that there should be clear prescriptions to guide their choices. While the desire for such comfort is understandable, it is not possible to write a “red book” of dos and don’ts, nor is it wise. There are simply too many subtleties and too many contexts in which a given form of speech might occur to generalize a set of rules. The individual facts and the context are critical to separating protected speech from unlawful speech.
Nonetheless, the Commission should explain the central elements of its decision in order to permit broadcasters to make reasonable assessments in their programming choices, based on analogous precedents. Nudity, while not necessarily indecent in itself, certainly should raise a red flag for a broadcaster contemplating its airing during the hours in which the law restricts indecency because children are likely in the audience. If a programmer opts to air nude content, he places great weight in the hope that its purpose and context will keep the program from running afoul of the law. In this case, the context of the half time show leads us to conclude that the breast-baring finale was intended (in the vernacular of the indecency law) “to pander, titillate and shock” those watching. The song’s lyrics leave little doubt where the show was going: “Hurry up cause you’re taking too long. . . better have you naked by the end of this song.” Well, he certainly did and judging by the complaints it had its intended shocking effect—and drew a penalty flag in the process.
Finally, although individual licensees are indeed responsible for what is broadcast over the airwaves to their individual communities, fundamental fairness dictates that in this instance we not sanction those affiliates not owned by Viacom. The Super Bowl is widely regarded as a family event with as many as one in five children watching this year’s edition. Past half time productions have generally reflected the family-friendly character of the event. While affiliates certainly are not exempt from their responsibility to guard against the airing of indecent material, I do not believe it is warranted under the circumstances before us, where one would not have reasonably anticipated the dramatic departure.
In contrast, Viacom was not so passively involved. Viacom is the parent company of not only the CBS network, which aired the program, but also of MTV, which developed, rehearsed and produced the program. The Viacom organization knew, or surely should have known, what was to come. The fact that Viacom promoted the half time show before it aired as one that would be shocking, gives credence to their culpability. Unquestionably, Viacom consciously took the risk and, thus, now bears the responsibility.
Enforcing the indecency laws is no easy task, but it is one that falls to the FCC. We must respond to public complaints and give meaning to the indecency prohibitions on the public airwaves. Just as importantly, however, we must exercise great care not to overstep our own Constitutional limits and smother the free expression that is the central tenet of our democracy.
BenBenXiong said,
May 2, 2007 at 11:16 pm
STATEMENT OF
FCC COMMISSIONER JONATHAN S. ADELSTEIN,
APPROVING IN PART AND DISSENTING IN PART
Re: Complaints Against Various Television Licensees Concerning Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show
Based on a careful review of the record, I find today’s remedy totally inadequate. After all the bold talk, it’s a slap on the wrist that can be paid with just 7½ seconds of Super Bowl ad time. The $550,000 fine measures up to only about a dollar per complaint for the more than 542,000 complaints that flooded into the FCC after the broadcast.
The Commission is required by Congress to enforce federal restrictions against the broadcast of indecent material, and I agree with the indecency finding here. We were deluged with a record number of complaints about the Super Bowl halftime show, and took the unusual step of launching an investigation. But after a major announcement and months of investigation, today’s enforcement action goes out of its way to focus narrowly on the exposure of Janet Jackson’s breast on twenty CBS-owned stations.
Most troubling, this decision sets a puzzling precedent by failing to hold all licensees responsible for the material broadcast over their stations. Why announce such a thorough investigation if we just let some of the stations that broadcast this material completely off the hook? It is true that the CBS affiliates are as much the innocent victims as the families who were stunned to see such gratuitous nudity during a family viewing event. In this case CBS affiliates – like the general public – had no idea what was coming, but this is true for most live programming. This aspect of today’s action shows the lack of a coherent long-term framework that should form the basis of all our indecency enforcement efforts.
Compliance with federal broadcast decency restrictions is the responsibility of the station that chooses to air the programming, not the performers. Less than a week before the Super Bowl, the Commission fined a television station for a similar case of gratuitous brief on-camera nudity. Since the Super Bowl outcry, Viacom has acted responsibly by apologizing, by instituting measures such as time delays to keep indecency off the airwaves, and by cooperating fully with our investigation. Viacom should be commended for these steps. Nevertheless, subsequent actions cannot excuse the fact that indecent material was broadcast to 100 million viewers, including one in five American children.
While the Commission must always proceed cautiously in broadcast decency cases, this type of graphic and gratuitous nudity is not a close call. The millions of our nation’s children who were ambushed by the Super Bowl halftime show deserve better protection. A fine of 7½ seconds of ad time is scarcely any deterrent. The shockwaves are still being felt by this shameful episode. I fear that today we’re responding to a “wardrobe malfunction” with a regulatory malfunction.
BenBenXiong said,
May 3, 2007 at 12:12 am
–duplicate comment—
GS said,
May 7, 2007 at 4:10 am
REINSTATE JV AND ELVIS.
PUT AN END TO THIS WITCH HUNT.
DON’T CHOOSE WHAT I CAN OR CAN’T LISTEN TO.
http://www.peopleagainstcensorship.org
ak said,
May 7, 2007 at 4:30 pm
Reinstate JV & Elvis. Our freedom of speech is slowly being taken away. Our society is way too politically correct and we have to watch out for what we say cause we’ll hurt somebodies feelings. People should learn to get a sense of humor.
Jun Zuniga said,
May 7, 2007 at 6:31 pm
I believe it’s beautiful that Asian Americans are honoring the First Amendment by holding CBS, JV & Elvis, and sponsors accountable for racism against the Asian American community. Double standards against the APA community aren’t acceptable. Nothing illustrates the freedom of speech more than mobilized Asian Americans exercising it through legitimate protest, political and economic action and systematically illustrating that it is no longer “open season” on Asian America.
Invoking the specter of “Political correctness” is a way to bludgeon dissent when a person wants to defend his/her personal racism and they don’t want to engage in constructive debate, or conversely when they don’t have any points to argue.
For those who have commented about “People need to get a sense of humor”, it’s always easy to laugh when you’re not the butt of the joke, isn’t it?
Here’s some funny reading:
http://www.falloutcentral.com/news/2007/04/26/our-reply-to-mrs-vandergrift-aka-natasha-yi/
http://www.reappropriate.com/?p=678
Now that* shows an appreciation of what is truly humorous.
syl said,
May 7, 2007 at 10:46 pm
I think we are getting too ‘uptight’ here. Jokes against different ethnic groups have been around forever! I laugh at all jokes - black, hispanic, gay, jewish, polish, asian, you name it. We’ve gotten so “politically correct” that we are turning jokes into hatecrime.
If we are so concerned about hatecrime, lets concentrate on those who really commit these and not who makes jokes about all races over the air - this includes Imus - I don’t think he deserved to be fired…but that’s another issue.
EC said,
May 8, 2007 at 6:42 am
It’s hard to feel any sympathy for these fools. They make a ton of money humiliating innocent people. They insult the unsuspecting and defenseless, and then hold the victims up for public ridicule.
I can’t figure out how being married to an Asian is somehow license to insult other Asians. What the…?!?
The show is low and base. No wonder they were driven out of San Francisco. Why should NY want this crap fed to our people?
Satch said,
May 9, 2007 at 7:44 pm
The road to racial unity starts with having the ability to laugh at one another … do you realize that the oversensitive behavior your group is exercising is setting back race relations 20 years? … maybe more?
Words only hurt when they have the weight of true racist hate behind them, not stereotypical humor.
Your ancestors left the Asian world for a better life … free of real hate and censorship … and now you’re trying to do the same thing in ‘the land of the free, and the home of the brave’.
You’re not accomplishing anything but creating a wider rift between the Asian race and the rest of the country.
Congratulations!
Satch
Philip said,
May 9, 2007 at 10:15 pm
ok Satch, so we’re just supposed to take the comments and smile? I’m no historian, but haven’t Asians taken enough of those ching chong etc etc comments? How much more are we supposed to take? Ok maybe the first couple of times the joke is funny and we all have a good laugh, but there comes a time when the same old goddamn joke gets a bit too old and boring. Also if you keep joking about the same shit over and over again people will begin to wonder if you are serious about what you are saying or not.
I don’t think its anyones intentions to set race relations back. But I do want everyone reading this to consider, When has a joke gone too far? If I was to repeated call one of my close white friends a racist slaver, consistently and constantly do you think he would at some point become annoyed if not pissed off at me? Sure maybe the DJs haven’t spent years and years cracking ching chong jokes. But I’m sure many Asians have lived hearing those same jokes (amongst other variations) for years. I can’t speak for all Asians (nor do I intend to) but I for one am goddamn sick of the sexual fetishization of my sisters, and the emffemination of my brothers.
As a last note I’ll just say this, I don’t want people to stop cracking Asian jokes out of fear of being fired, or beaten up. I want people to stop cracking racist jokes out of mutual respect for each other. Hopefully people will read and take into heart what I said.
jm said,
May 10, 2007 at 12:45 am
To Jun Zuniga, you really think that the answer to Natasha Yi was funny?? You can’t recognize that the absolutely superior tone of the author reeks of sexism and pure disdain for Miss Yi because she doesn’t come up to his standards? Boy, do you need to take off your blinders. Didnt you learn as a child that sticks and stones will break your bones but words can never hurt you? Walking around thinking that you are so much better than the rest of the human population is a world wide evil affliction. Try to make the world a better place not just somewhere for you to extract your petty vengence.
humpy said,
May 10, 2007 at 5:52 am
yeah, let’s all make racial stereotype jokes for racial harmony.
Q: what do it call it when a racist white man gets sh** d**d?
A: progress!
hey, let’s all laugh! it’s so full of racial humor and it’s good for racial harmony!
Cr**ker a** cr**ker said,
May 11, 2007 at 2:02 am
My solution to this problem: ki** h***ies.
ihatedonkeyfuckaz said,
May 11, 2007 at 7:27 am
ha ha ha ha ha ha ha. freedom of speech eh, well let’s see how educated the “master race” and other white washed asians truly are.first, if u put s**t like f**k jews, i wish h**ler finished the job, f**k n***ers, wetb***s, or black or brown jokes in the media. they would be more than fired, they would get their balls sued off and become bankrupt.second, when imus pulled that monkey stunt, i don’t see any backstabbing black people trying to pull their own race down like asians.i see all u white folks tell us to leave and turn off the radio, but i don’t see u saying shit to the brothers. let me give all you ret***ed hommies a quick history lesson. the reason that u like f**king us and busting a nut is because we have too many backstabbers within the chinese community and we don’t have a high population like the brothers and essays. if we f****d like them utah h**ks and all of those nra redn**ks or have some high a** teenage pregnancy like u white folks than maybe we can have more people and out vote u f**ks and shape politics in our way like other minorities.now on to government history 101. communism is the old north korea, china, vietnam, and ussr up until the 1970’s not the china, russia, vietnam in present day. present day north korea is f**king a dictatorship not communist stupid f**k. ever heard of karl marx or vladimir ilych lenin. probably not but thats understandable from your people. now on to going back to where we came from.first off, boat people. i came here on an airplane which is something u never got on ur whole life. the real boat people is the mayflower, which is how u folks got here. ever wonder why people from asia, africa, south and central america want to leave their country? (look up the words parasites or leeches) every country that european nations landed has been destroyed or sucked dry and clean. asians and other minorities are dirty right? quick lesson on the origins of diseases from around the world. scruvy, pneumonia, tb, smallpox, aids, and other wonderful creations are from the master race’s continent. dark ages ring a bell. wonder how asians got small pox, it was from european merchants who crossed the silk road and it spread from there. think i m bullsh***ing u? go to national geographic or wikipedia and find out for yourself. aids came from black people nah, not really. it originated from the sahara monkeys but thanks to some white cat who probably decided to f**k the monkey,became infected after he was bitten and then brought it over to the states. wonder why native americans (not indians u lost illiterate f**ks) populations are so low. thanks to the main man columbus who thought he landed or “discovered” (wait discovered, i thought there was already people living here, oh well i guess it doesn’t count unless it is white) andrew jackson did america a favor by “cleaning out the population by persuading native americans to migrate west while give them blankets infected with smallpox. chinese and other minorities ate up the economy right. sure, if u count the free labor that african slaves put in for the tobacco, sugar cane, and cotton plantations that was sold off to europeans when this nation first developed than i guess u r more blind than an asian ( i know u white folks just nutted in your pants from that joke, gotcha) wonder how railroads and mines are built or structured upon? it was from chinese labors who came here and slaved their lives so u can tell us what freedom of speech is or what communist is when u never really grasped the concept of that term.even though japan was at fault for ww2 so was germany and italy. but when japanese soliders volunteered to fight for a country that they though was their home against europe, their families were staying at luxurious, five stars concentration camps in california, while italians and germans remain untouched. latin americans and my pinoys worked their ass offs in agriculture development during the great depression just so they could feed lazy and appreciative, racist white folks like u so you can call them a brown monkey. (but if u look closer, they seem to be covered with less hair on their backs and chest, unlike the evolution chart that u guys represent) when one korean cat who killed 33 people the whole f**king nation has to bow down and deep throat ur c**k. but when great achieving people and laws or events that u people invent or happen like kkk, minute men, neo nazis, patriot act, chinese exclusion act, opium war, segregation, slavery, wonderous diseases, inbreeding, beautiful wars like weapons of mass destruction in iraq=cia 100% error, the alamo in texas, rodney king and other magnificient beatings, claiming about how we use welfare when mexicans are working s**t jobs while the f**king cracker under the la freeway harasses me for money after i go clubbing with my friends, and while asians are striving in schools, ur f**king kids are in rehab or tagging walls or throwing bottles at some old lady of color ( with the cops saying boys will be boys, it was just a harmless joke, while wearing a f**king jersey will get us beat because it is considered gang related, but i guess Hail hitler and 3 11 or the nazi sign tattos is straightup american family fun) enslaving indochina, phillipines, latin america, africa, splitting india in half, fu**ing little boys and girls in the a** in southeast asia, molesting pages,shooting up churches, messing up our neighborhoods, framing up arabs as all terrorists, my man j edgar hoover, tom metzger, david duke, and countless other great historic figures. i don’t see any of u folks apologizing for the atrocities u f**kers committed throughout history. why the f**k should a proud ethnic like koreanz chock on ur c**k when it was only one f**got a** loser who committed this atrocity. and even though jeff vandergrift is f**king natasha yi, that doesn’t mean he isn’t racist. slave owners f**k their slaves so i guess that means they aren’t racist or believe in slavery. think everything i mentioned is irrelevant to this cute radio incident. this event happened because asians usually try to avoid trouble so history has taught u f**kin hicks to ejaculate on our culture when u people are truly lacking one.history shapes present and present shapes future so we r not going to back down until those f**king pricks get fired. oh yeah, if ANYONE wants to prove me wrong PLEASE DO SO, nothing would get my d**k harder than to see u f**kin hi**s trying to change or write world and U.S. history to make me look stupid. all those sarcasm don’t work if u don’t got some undeniable solid, concrete proof. but eh, show me a good time and make me laugh PLEASE
Michael said,
May 11, 2007 at 6:13 pm
Who are all the sponsors from the show? I figured until some kind of action is taken, we should just avoid using those products and stop watching/listening to CBS media… but on that note, I’m not quite sure I know what’s worth tuning into that’s by them…
Jun Zuniga said,
May 16, 2007 at 2:00 pm
Hey jm,
Yes. The responses from Fallout Central and Reappropriate were funny. Sharp, cutting, and insightful responses.