FCC fines ABC for airing Charlotte Ross’s naked butt in 2003

January 29, 2008

News: On Friday of last week, the Federal Communications Commission issued a $1.43 million “indecency” fine against ABC for airing the naked butt of actress Charlotte Ross on an episode of NYPD Blue in 2003. The fine is based on $27,500 per ABC affiliate stations that aired the show in Central time at 9 p.m. — 1 hour before broadcasters apparently can air naked rear ends on TV. (more from Wash Post)

Analysis: The FCC “indecency” rules need to be overturned. They are outdated in the age of the Internet and they seem nothing short of censorship masquerading as a legal rule. Although the Supreme Court in 1978 did uphold (in a plurality opinion) the FCC’s power to regulate “indecent” material broadcast on the airwaves (see Pacifica), in 2008 the basis for that decision is more and more suspect. Pacifica was based on the Court’s view (i) that TV has a “pervasive presence” in American homes and (2) is available to children. The Court upheld the FCC’s sanction against a radio for broadcast of George Carlin’s “filthy words” routine at 2 p.m. in the afternoon.

First things first: 9 p.m. is different from 2 p.m. in the afternoon.

Second, why is the FCC worried about something that happened in 2003? NYPD Blue no longer exists as a show.

Third, the Internet has, for many Americans, an equally pervasive presence that is available also to children in the same way as TV. Indeed, the lines between TV and the Internet have become increasingly blurred. Yet the thought of the U.S. government issuing fines for “indecent” content on the Internet would probably scare most Americans into thinking that the government was following the censorship policy of China.

Also, I wonder whether the FCC has been engaging in arbitrary enforcement of its “rule.” As I seem to recall, NYPD Blue used to routinely show naked butts on their show. The joke was that every actor would eventually have to show off their naked behind, including even Dennis Franz as Andy Sipowicz. I’m not sure if the FCC ever challenged ABC’s nudity in all those other shows. (Maybe it did, but I don’t think so.)

In the last day, clips of the “indecent” episode of NYPD Blue have been posted on YouTube.   Within 1 day, one clip received over 1 million views on YouTube–thanks to the FCC’s action in trying to regulate “indecency.”  You can judge for yourself what you think about the nudity in the clip and whether a $1.43 million fine is what you want the government to be handing down for such content. Of course, viewer discretion is advised.

Here’s a link to the NYPD Blue “indecent” nudity involving a naked butt.

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Author Toni Morrison endorses Obama

January 29, 2008

Dear Senator Obama,

This letter represents a first for me–a public endorsement of a Presidential candidate. I feel driven to let you know why I am writing it. One reason is it may help gather other supporters; another is that this is one of those singular moments that nations ignore at their peril. I will not rehearse the multiple crises facing us, but of one thing I am certain: this opportunity for a national evolution (even revolution) will not come again soon, and I am convinced you are the person to capture it.

May I describe to you my thoughts?

I have admired Senator Clinton for years. Her knowledge always seemed to me exhaustive; her negotiation of politics expert. However I am more compelled by the quality of mind (as far as I can measure it) of a candidate. I cared little for her gender as a source of my admiration, and the little I did care was based on the fact that no liberal woman has ever ruled in America. Only conservative or “new-centrist” ones are allowed into that realm. Nor do I care very much for your race[s]. I would not support you if that was all you had to offer or because it might make me “proud.”

In thinking carefully about the strengths of the candidates, I stunned myself when I came to the following conclusion: that in addition to keen intelligence, integrity and a rare authenticity, you exhibit something that has nothing to do with age, experience, race or gender and something I don’t see in other candidates. That something is a creative imagination which coupled with brilliance equals wisdom. It is too bad if we associate it only with gray hair and old age. Or if we call searing vision naivete. Or if we believe cunning is insight. Or if we settle for finessing cures tailored for each ravaged tree in the forest while ignoring the poisonous landscape that feeds and surrounds it. Wisdom is a gift; you can’t train for it, inherit it, learn it in a class, or earn it in the workplace–that access can foster the acquisition of knowledge, but not wisdom.

When, I wondered, was the last time this country was guided by such a leader? Someone whose moral center was un-embargoed? Someone with courage instead of mere ambition? Someone who truly thinks of his country’s citizens as “we,” not “they”? Someone who understands what it will take to help America realize the virtues it fancies about itself, what it desperately needs to become in the world?

Our future is ripe, outrageously rich in its possibilities. Yet unleashing the glory of that future will require a difficult labor, and some may be so frightened of its birth they will refuse to abandon their nostalgia for the womb.

There have been a few prescient leaders in our past, but you are the man for this time.

Good luck to you and to us.

Toni Morrison


Warner Brothers v. Seeqpod

January 29, 2008

News:  Seeqpod is a search engine that locates music files on the Internet and allows you to play whatever you find on a music player that appears on the Seeqpod page.  The music is not stored on Seeqpod, as I understand it, but on third party sites that are identified in the search engine.

Warner Brothers Music has sued Seeqpod for copyright infringement.  Seeqpod will be invoking one of the safe harbors under the DMCA for search tools.  Ars Technica has an excellent discussion, as does EFF’s Fred von Lohmann.

Analysis:  I’ll have more to say after I read the complaint.


Huckabee backs GodTube

January 29, 2008

News:  Mike Huckabee (a pastor himself) has posted a video on GodTube — the Christian video sharing site — backing the site.  He states:

Well, the reason GodTube is an important part of the election process is because this myth that Christians ought to keep to themselves in the church, and never get outside — that’s like saying, let’s never let the salt get onto things that are spoiling. Let’s never let the light actually show up in a dark places to illuminate the path.

That’s the craziest thing I’ve ever heard. The whole point of being a Christian is to penetrate the darkness, is to preserve the things that are spoiling, and I don’t know of anything more spoiled, more decadent, than politics.

So if there’s ever a place where there ought to be a concentration of Christian activity and involvement, I’d say it’s in politics and government.

So GodTube is helping to be that bridge to get people from the world of the spiritual into the mission field of politics.”

Analysis: Smart move for Mike.