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Thursday, March 20, 2008

The obligatory Carlin preface, and the modern day "Nonsense of Indecency."

Preface, of which I am in agreement, and which has caused many a dissent in my household -
"'I love words. I thank you for hearing my words. I want to tell you something about words that I uh, I think is important. I love..as I say, they're my work, they're my play, they're my passion. Words are all we have really.

We have thoughts, but thoughts are fluid. You know, [humming]. And, then we assign a word to a thought, [clicks tongue]. And we're stuck with that word for that thought. So be careful with words. I like to think, yeah, the same words that hurt can heal. It's a matter of how you pick them.

There are some people that aren't into all the words. There are some people who would have you not use certain words. Yeah, there are 400,000 words in the English language, and there are seven of them that you can't say on television. What a ratio that is. 399,993 to seven. They must really be bad. They'd have to be outrageous, to be separated from a group that large. All of you over here, you seven. Bad words. That's what they told us they were, remember? 'That's a bad word.' 'Awwww.' There are no bad words. Bad thoughts. Bad Intentions..."
- George Carlin, from the classic bit - Seven Words You Can't Say on TV.

Onwards, to modern day idiocy.

Reason Magazine - Nonsense of Indecency:
"...different rules apply to broadcast TV, where the Federal Communications Commission has decreed that anything it deems "indecent" may not be aired between 6 a.m. and 10 p.m. One day soon Americans will marvel at the bureaucratic energy expended on censorship in this one arbitrarily chosen segment of the media universe.

The FCC imposed its first fine for broadcast indecency in 1975, provoked by a mid-afternoon airing of a George Carlin monologue on a New York City radio station. In upholding the fine, the Supreme Court emphasized the distinction between Carlin's "verbal shock treatment," involving the deliberately provocative, repeated use of expletives, and "the isolated use of a potentially offensive word."

...The 2nd Circuit suggested that the FCC's indecency rules are unconstitutionally vague, creating "an undue chilling effect on free speech" by drawing seemingly arbitrary distinctions. A single fuck or shit on a live awards show can cost a network millions of dollars, for example, but the same words are OK in a "bona fide news interview," even if the interview is a thinly disguised promotion for one of the network's own entertainment shows.

The accidental airing of Cher's "fuck 'em" is indecent, but the deliberate airing of the very same footage in the context of a news report is not. The "repeated and deliberate use of numerous expletives" is OK in a fictional World War II movie because they are "integral" to the film yet indecent in a documentary about real-life blues musicians.

It's obvious by now that the FCC makes up the rules for acceptable speech as it goes along. In the paradigmatic example of broadcast indecency, Carlin's monologue about "the words you couldn't say on the public airwaves," there's no question that the expletives were "integral" to the routine, which was partly about the very censorship to which it became subject.

The premise underlying the Supreme Court's decision upholding the fine for Carlin's monologue was that TV and radio over the airwaves are "uniquely pervasive" and "uniquely accessible to children." With nine out of 10 U.S. homes receiving cable or satellite TV, with downloads and DVRs making a hash of "time channeling," with ratings and parental controls available across video sources, that premise is no longer tenable. The only question is how much longer the courts will pretend otherwise."

[It's all made up, kids.]

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