Despite issues like terrorism, Iraq and the economy, I admit that the issue that will send me—a committed nonvoter—to the polls this presidential election is Howard Stern. The traditional defenders of free speech have offered only nominal protests—compared to the hoopla a decade ago when hapless Vice President Dan Qualye slighted Murphy Brown—at the persecution of Stern by the political appointees in the Federal Communications Commission.
Even Larry Flynt was extolled by the American Civil Liberties Union and other liberal groups as a First Amendment hero. The legitimate worry: If Flynt's filth was removed from newsstands, it would be the government deciding what reading matter was appropriate for the adult public. But at least back when the government prudes went after Hustler, there was no doubt that it was for obscenity. What is so disconcerting about the targeting of Stern's show is that a significant portion of his four-hour weekday broadcasts is dedicated to a discussion of current affairs and politics, and these fines have appeared just as he has become increasingly critical of the Bush administration.
Nothing makes old laws look more obsolete than their egregious application. Imagine if the government just punished every use on radio and television of the seven naughty words made famous by George Carlin. Last week alone, during a broadcast press conference, a famous basketball player swore, and here in Las Vegas, it was reported that a local DJ accidentally played a song with the F-word in it. Of course, across the land, classic-rock DJs, as they do every week, spun Pink Floyd's "Money," which contains Roger Waters clearly articulating "bullshit."
Then there's the other Roger—Daltrey—who utters the F-word a couple times in radio favorite "Who Are You?"
There are many more examples. To effect a full crackdown on all stations playing these and other songs with no-no words, we would need to divert spy satellites from monitoring al-Qaeda communications to efficiently fine (soon to be raised to $500,000 a pop) all the evildoers around the dial. Perhaps that will be the approach taken by an administration that already used its resources to put Tommy Chong in jail while bin Laden still runs free.
Outside of FCC regulations, swear words are not so verboten anymore; even John Kerry, speaking to Rolling Stone—a magazine available to kids everywhere—used the F-word to describe Bush's policy in Iraq. It isn't too much of a stretch to worry what would have happened if Kerry had made that his word of choice on television or radio. Would the FCC fine or pull the license of the stations that chose to air the presumptive Democratic presidential nominee's criticism of the current administration? Even if that didn't happen, isn't it scary that this is an option available to political appointees engaged in an election on which their jobs hinge?
Stern is a pro and would never get caught using any specifically banned words. But as Lenny Bruce proved in a famous routine—delivered after being busted for using a certain word at an earlier performance—he could be twice as obscene on any topic without swearing. Stern has perfected this approach and aired some of the most graphic discussions ever broadcast. Of course, that is a subjective opinion, and as Stern wittily points out on his website, the identical subject matter that has run him afoul of the FCC was also an Oprah topic. Apparently, giving Hallmark advice to housewives is a noble use for discussions of anal sex, yet giving folks something to laugh about during one of the worst parts of the day—the commute to work—isn't. Or at least that's how the government seems to see it. Who really knows? As I said, it's subjective, and that is the worst part.
Since Stern is in the position where there are no clear-cut rules, the FCC has total latitude. A station manager—refusing to play a parody song—recently told Stern: "I don't think anything is indecent, but I have to guess what they [the FCC] think is indecent."
But what's so upsetting is that Stern has been doing the same style of show for nearly two decades, and found acceptance with advertisers and audiences. In Las Vegas, Stern's show has been near the top of the ratings ever since he was syndicated here. Last month, Weekly readers picked him as their favorite radio personality, and next month he makes a triumphant return to the Hard Rock for his annual broadcast. According to Hard Rock VP Phil Shalala:
"Each year we look forward to Howard's show. The broadcast is a great event for the hotel, bringing in a larger-than-life crowd of Stern fans. Howard's entourage of personalities and oddities are always great to have around and gives our guests and employees an exciting and memorable event to be a part of. We respect Howard as a professional and we support him in his most recent efforts."
Clearly, this community is not having its standards offended by Stern. Obviously people in Las Vegas know how to turn the dial. The public verdict is long in on Stern.
So, what has changed? Like many New Yorkers, Stern has changed, and not by getting more offensive. Since September 11, his ribald show has become increasingly mixed with political and social commentary about the Bush administration, medical marijuana, drug policy, abortion policy, gay marriage, the war on terrorism and dozens of other issues. He has even been urging people to vote for Kerry. You might say this newfound political bent is Stern making a cynical move to wrap himself in the First Amendment; but it should still work. After all, his audience isn't dropping, so people are listening to his daily rants against the government. The Bush administration has had three years to act against Stern, so the why-now? question becomes critical. Is this program being forced off the air by an administration using the power of government to silence a popular critic in an election season?
"I am finished on the airwaves, it's over for me," Stern told his audience last week.
If that happens, the First Amendment will take a hit far worse than if the Supreme Court had barred Hustler from the 7-Eleven.
Contributing editor Richard Abowitz covers entertainment for the Weekly.