A Not-So-Super Halftime Show

A Not-So-Super Halftime Show

Rep. Boozman's Column for the Week of February 9, 2004

In 1978, the Supreme Court strengthened the Federal Communications Commission's (FCC) ability to sanction television and radio stations for airing indecent and obscene material. In the decision FCC v. Pacifica, the Court concluded that the FCC's fines - which were the result of a twelve-minute, obscenity-laced monologue by comedian George Carlin aired on live radio - were fair because the unwilling public could hear this offensive monologue. Twenty-four years later, the FCC must again right a wrong that was forced on the unwilling public during this year's Super Bowl game.

Eighty-nine million people, including millions of children, watched the New England Patriots defeat the Carolina Panthers in what turned out to be a great football game. Unfortunately, the same can't be said for the halftime entertainment.

The halftime show, which was produced by MTV and featured some of today's biggest pop music stars, was already pushing the boundaries of good taste before Justin Timberlake and Janet Jackson took the stage. At the end of their song, Timberlake tore off a part of Jackson's clothing revealing her naked breast during the most watched sporting event of the year.

FCC Chairman Michael Powell called the halftime show "classless, crass and deplorable" and has stated that an FCC investigation into Jackson and Timberlake's stunt is "well underway." If the FCC determines that the Super Bowl halftime show violated obscenity and decency laws, they could fine CBS up to $27,500. If applied to each CBS affiliate, the fine could reach into the millions.

I am pleased to see that the FCC is investigating this tasteless act, but I don't think that the penalties (if handed out) are stiff enough. For this reason, I have signed on as a cosponsor of legislation that will raise the maximum penalty that the FCC can hand out for violations of decency laws from $27,500 to $275,000.

The quick response from the FCC is very positive in light of recent failures to enforce federal obscenity and decency standards. Last year, FCC refused to fine broadcasters of the Golden Globes and Billboard Music Awards after U2's lead singer Bono and "The Simple Life" star Nicole Richie snuck expletives past network censors. The FCC went as far as to say that Bono was free to say the word in question since he used it as an adjective, instead of using it in a sexual manner.

This ruling sets a dangerous precedent for the use of inappropriate language on any radio or television at any hour of the day. Worse yet, the ruling sends a message to broadcasters that the FCC is not willing to regulate and enforce federal obscenity and decency standards.

Rep. Doug Ose has introduced a bill in response to the FCC's inactions on these incidents. Rep. Ose's bill, which I am a cosponsor of, lists eight words and phrases that if ever spoken on television or radio - during live or already-recorded shows and in any context or manner - would immediately result in fines for the broadcaster.

Entertainers will continue to pull shocking and tasteless stunts unless the FCC comes down hard on CBS for the Super Bowl halftime show incident. Given the FCC's recent failures, my confidence in their ability to enforce standards is low. The bills that I have cosponsored will strengthen the FCC and send a message to the agency that Congress is serious about enforcing federal laws. It is my hope that the events of the Super Bowl halftime show will get more of my colleagues on board with these efforts so we can get these bills through Congress.