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To: LindyBill who wrote (87190)11/19/2004 10:43:31 AM
From: LindyBill  Respond to of 793958
 
FCC Crackdown Could Spread By Randy Dotinga
Story location: wired.com

02:00 AM Nov. 18, 2004 PT

With support from both Republicans and Democrats, the Federal Communications Commission is poised to get even more aggressive about enforcing moral values throughout broadcasting, even putting cable television in its cross hairs and taking aim at Howard Stern's right to talk dirty on satellite radio.

It looks like only the courts will stand in the way of the FCC now. But a funny thing could happen on the way to washing Eric Cartman's mouth out with soap: Conservative judges might just say no. After all, not too long ago the Supreme Court rejected efforts to censor the internet.

"As soon as those regulations go forward, they'll get challenged legally, and I think they'll fail," predicted Adam Thierer, who studies the media at the libertarian Cato Institute think tank. "But I'm not 100 percent certain."

After rejecting 83 percent of indecency complaints received in 2002, the FCC burst out of its cocoon in January after singer Janet Jackson's "wardrobe malfunction" on national television. CBS eventually got socked with a $550,000 fine, and a slew of other radio and TV stations found themselves under fire. Even PBS began leaning heavily on the bleep button, and last week, several ABC stations refused to air an uncut broadcast of Saving Private Ryan for fear that the FCC would issue fines for indecency. ("War is heck," said one newspaper headline.)

Currently, the stakes are fairly low for major media companies. The top fine is $27,500 per incident, although stations can be fined separately. After Jackson's exposure at the Super Bowl, the House tried to raise the maximum fine to $500,000, but the move was part of a larger bill -- the Defense Authorization Act -- and it foundered.

The FCC guidelines remain vague, making it unclear exactly what is allowed. "The FCC has been trying to hide behind ambiguity, but that ambiguity has problems," said attorney Andrew Jay Schwartzman, president of the Media Access Project watchdog organization.

The FCC could spell out the rules: This word is allowed, this word isn't; this is when you can show a bare breast or butt. Indeed, the FCC reversed itself over U2 singer Bono's exclamation at the Golden Globe Awards show and declared that the F-word is verboten even when it's not used in a sexual context. But while clearer rules sound good in principle, Schwartzman said they're unlikely to pass constitutional muster. "The various pending appeals are going to force the FCC to clarify, but once clarified I'm not sure things will stick up in court."

Some critics say the FCC has a death wish. By cleaning up network TV, they'll only send viewers to cable. "As more people (move) away from broadcast television, the FCC loses control," said Richard Hanley, graduate program director at Quinnipiac University's school of communications. "If anything, the FCC is acting to kill broadcast television, and in the process kill any chance it has of regulating content. It's committing, in effect, suicide."

But the FCC bureaucracy may try to survive by expanding its jurisdiction to encompass the alternatives -- cable TV, satellite TV and radio, maybe even the internet. Earlier this year, a Senate committee barely rejected a plan by Louisiana Sen. John Breaux, a Democrat, to allow the FCC to oversee some cable programming.

Breaux is retiring, but he's being replaced by a Republican, and the November election sent several new conservatives to the Senate. The House remains firmly in Republican hands, and the president is hardly a friend of shock jock Stern.

The Cato Institute's Thierer expects the new Congress to tackle the cable issue once again, and no one should expect the Democrats to put up resistance. "Speech controls are now more of a bipartisan issue, apparently," he said. "It's clear to me that a lot of people in Congress have few problems regulating speech in the media today."

Thierer thinks indecency-obsessed politicians will be careful, though. He predicts that while they would target cable television -- home to raunchy shows like South Park, which used the S-word 162 times in a single 2001 episode -- they will stay away from premium channels like HBO. When it comes to basic cable, he said, it's easier to use the argument that it's "pervasive" like broadcast television -- in other words, difficult for children to avoid.

There is a difference, of course. Broadcast television and radio are free and come uninvited into homes. Courts won't fail to notice that Americans shell out billions of dollars a year on cable, satellite TV and now satellite radio.

There's another potential stumbling block for the censors. The Supreme Court has balked at whittling away free-speech rights. "I wouldn't say that the courts have been all that conservative on this stuff," Schwartzman said. "The courts have been pretty good on these speech issues."

In several cases, including the one that killed off the landmark Communications Decency Act, the court said "we're not going to impose ... old sorts of rules on these new technologies in town," Thierer said. The court even stood by the Playboy Channel in a 2000 case in which it said citizens had the right to view sexually explicit material on a premium channel outside late-night hours.

The Supreme Court might be friendlier to the FCC on the issue of media consolidation, but the agency failed to push its proposed new rules into effect this year. Along with the usual Democrats, plenty of Republicans -- including powerful Mississippi Sen. Trent Lott -- balked at allowing media companies to consolidate even more. Meanwhile, a federal court sent the FCC back to the drawing board on several issues regarding rules about ownership of multiple stations.

At issue is whether the big media companies will be able to get even larger. "We might be able to hold things steady for the short term, but how long that will last we don't know," said Mitchell Szczepanczyk, president of Chicago Media Action, a watchdog group. "What's encouraging is that a lot more people know about these issues than had just two years ago. That gives me hope more than anything."



To: LindyBill who wrote (87190)11/19/2004 10:50:24 AM
From: LindyBill  Read Replies (1) | Respond to of 793958
 
No Pundit Survives Contact With a Historian
by James Dunnigan
November 18, 2004
Strategy Page

The reporting of military events in StrategyPage often differs from how the mass media describes the same events. That’s because the mass media is under enormous pressure to report startling and "competitive," news. StrategyPage isn’t. Our editors and contributors have a background in history and historical simulation (wargames), and that provides a very different perspective. Our analysis, based on historical trends and past performance, is far more accurate than the dramatic headlines the mass media use to describe the same events. But not as dramatic. Reality tends to be dull.

Dramatic headlines have, for over a century, been the key to success in the media business. While most reporters believe their job is simply to report what happens, as accurately as they can, editors know better. Accurate reporting loses out to sensationalistic reporting every time. Thus we like to say that, at least when it comes to long term accuracy, no pundit survives contact with a historian.

Editors also rely on the fact that most consumers of mass media news do not revisit old stories to see how accurate they were. Historians, however, do that all the time. And that smaller subset of historians that use historical simulation to examine past (and future) events, are even more keen on digging into the details and probabilities of ongoing events. This is, in effect, a different way of looking at the news. An example of this was seen in the months before the 1991 Gulf War, when a wargame, “Arabian Nightmare” was published. It covered the coming war, and accurately predicted how that war would be fought. That was considered news, and the game got a lot of media play. An earlier game (“Sinai”) predicted the outcome of the 1973 Arab-Israeli war. Military professionals have been using this technique for over a century, and are much more often right, than wrong, in the predictions their games make. Wargames work, but they generally do not make the news.

StrategyPage was founded in 1999 with the intention of applying analytic and predictive techniques to reporting ongoing wars. Granted, that approach is going to appeal to a smaller audience (we currently have about 300,000 unique visitors a month.) But for those who can appreciate the more analytic approach, military events make a lot more sense. The more traditional approach will always have a larger audience because it is more exciting and appeals to the popularity of scary headlines and outrageous stories.

Some people come across StrategyPage and assume that the editorial policy favors one political persuasion or another. Not so. We call them as we see them. The current war in Iraq is a good example of this. In early 2003 we pointed out, using many historical examples, that the upcoming invasion of Iraq would be over quickly. We also pointed out, long before the war was even fought, that the Sunni Arab minority that had been running the country for centuries, would not give up easily. We pointed out why, and explained what the troops you don’t hear much about (civil affairs and Special Forces) were doing to deal with preventing the ongoing civil war in Iraq from spreading beyond the Sunni Arab areas.

Contrast this with how the mass media covered the initial invasion. All you heard were predictions of hard fighting, heavy casualties and stalemate. Our prediction wasn’t rocket science. We simply noted that the Iraqis had a dismal track record against well trained armies and would be able to stand up to a well trained and equipped force. And this should not be a new development for anyone who carefully covered the 1991 Gulf War. Back then the favorite media fright phrase was the “million man, battle hardened Iraqi desert army.” As I explained on CNN once, in late 1990, it was a matter of public record that the Iraqis had, at most, about 700,000 troops. The Iraqis had just recently fought an eight year war with Iran, but most Iraqi veterans of that desperate fight were battle scarred, not battle hardened. This was widely reported at the time. Lastly, the Iraqis had not fought that war in the desert, but in marshlands and mountains. You only needed a map to confirm that. Thus the phrase, “million man, battle hardened Iraqi desert army,” was an excellent example of scary, but misleading, reporting. Three misleading bits of information in one sound bite. And that example was but one of many. But since few people took a close look at that misleading phrase, or much of the other misleading reporting, everyone was ready to accept a new blizzard of sensationalism just thirteen years later.

The rapid collapse of Sunni Arab resistance in the recent battle of Fallujah should not have been a surprise to most people, but it was. American troops have already fought several urban battles in Iraq and the results have always been one-sided. Reports in StrategyPage explained why, pointing out that successful urban warfare tactics were first developed by American troops during World War II.

Meanwhile, not much will change. The vast majority of news consumers have not got the time, or inclination, to view news stories using historical and simulation tools. That sort of thing requires more effort and, for most of us, is not very entertaining. On the bright side, the Internet has allowed news outlets like StrategyPage to flourish. The Internet also gives people access to a lot of the sources we use for our reporting. Email enables us to get reports from people inside Iraq (civilians, aid workers, and troops.) But anyone can view blogs written by Iraqi residents, and a lot of the email from the troops gets passed around.

That said, there is some good news. All that Internet access has forced the mass media to get a little less sensationalistic, and to pay attention to what the many troops, aid workers and Iraqis are reporting on the web. Of course, all that new information is sometimes simply used as the basis for another sensationalistic, and misleading headline grabber story. There is some progress, but not a lot of change. News is, after all, a very competitive business.