It was the Breast of Times, It was the Worst of Fines: Janet Jackson, The FCC and Indecency Interviewer: Emily Broeckaert Interviewee: Robert Ratcliffe Instructor: Alex Haight Date of Submission: February 13, 2013 Table of Contents Interviewee Release Form.................................................................................................P.2 Statement of Purpose.........................................................................................................P.3 Biography..........................................................................................................................P.4 Historical Contextualization..............................................................................................P.6 Interview Transcription.....................................................................................................P.22 Interview Analysis.............................................................................................................P.45 Appendix 1........................................................................................................................P.51 Appendix 2........................................................................................................................P.52 Works Consulted...............................................................................................................P.56 Broeckaert 3 Statement of Purpose The purpose of this project is to explore the history of obscenity and indecency laws in the United States from the 1800’s to the present to better understand the reaction from the Federal Communications Commission (FCC) to the Janet Jackson Superbowl Halftime Show Incident in 2004. This media event prompted numerous complaints to the FCC against CBS for allowing indecent material to air on a national broadcast in prime time. An interview with the FCC’s Deputy Chief of the Media Bureau, Robert Ratcliffe provides an insiders perspective on the events following the broadcast and what contributed to the FCC’s eventual loss in court. Broeckaert 4 Biography Robert H. Ratcliffe was born in Jackson, Mississippi in1945. He attended the Landon School and Trinity College before joining the Army. In the Army he served as a U.S. Army, Medical Service Corps in the administrative support for the Medical Corps, a Company Commander, US Army Hospital in Bremerhaven, Germany, and finally as the Command Medical Historian for the US Army in Long Binh, Vietnam. He left active duty as a Captain after three years of service. When he got out of the Army he attended the Fletcher School of Law and Diplomacy at Tufts/Harvard University (A.M.) and later Boston University School of Law (J.D.). After completing Law School, Robert worked as a Law Clerk at Herrick, Smith, Donald, Farley and Ketchum Law Firm in Boston. He then joined the FCC where he worked in various positions including as the Division Chief in the original Cable Television Bureau, until it merged with the Broadcast Bureau to form the Mass Media Bureau around 1981. Later on he worked as the Broeckaert 5 Deputy Bureau Chief of the Mass Media Bureau, the Media Advisor in Chairman Sikes’ Office and various positions including Deputy Bureau Chief of the Media Bureau (successor to the Mass Media Bureau), Deputy Chief of the Enforcement Bureau, Acting Chief of the Media Bureau during the digital television transition; and, currently, Deputy Chief, Media Bureau. While Working in for the FCC Robert was involved in many notorious FCC events, notably the $2.5 million dollar fines issued to Howard Stern, and as head of the Media Bureau and worked with the Enforcement Bureau during the case FCC v. CBS, better known as the Janet Jackson Halftime Show Incident. After all of his years of service in the FCC he received the FCC Lifetime Achievement Award in 2012. Robert has had an interest in communications since he was a teenager. He became amateur radio operator at 16. He married in 1971 and has two sons. He has lived in various locations in his life including Seattle, WA; San Antonio, TX; Arlington, VA; Ankara, Turkey; Hyattsville, MD; Charlottesville, VA; Bethesda, MD; Bremerhaven, Germany; Long Binh, Vietnam; Watertown (Boston), MA; and Adelphi, MD. He currently lives in Bethesda Maryland. Broeckaert 6 Historical Contextualization: From Obscenity to Indecency: A History From the 1800’s to 2012 Phyllis Schlafly wrote on February 11, 2004, about the Super Bowl XXXVIII Halftime show, and that the event proved why, “The radical Muslims who criticize our culture as degraded and demoralizing now have new proof for their charges.” (Schlafly 2.) Within nine-sixteenths of a second during Super Bowl XXXVIII, an incident occurred and was broadcasted on television, and created a national uproar. The Janet Jackson Superbowl Incident became one of the biggest events in television history. The Federal Communication Commission (FCC) had not dealt with an event as controversial since George Carlin uttered his “Seven Dirty Words You Can Never Say On Television” in 1972. Again the question was raised of what role the FCC should play in regulating indecency. Even before the FCC1 was established, what was considered obscene material caused debates in America, dating back to when the United States banned the erotic novel Fanny Hill2 in 1821. The legality of the FCC’s regulation of the entertainment industry had been challenged before, but not to the extent of the Super Bowl incident. To understand the court battles of FCC v. CBS3 one must first examine the early stages of Americas reaction to obscenity in literature, moving then to the evolution of radio with George Carlin and indecency, as well as gain a firsthand perspective from someone who was a part of FCC v. CBS and how indecent material should be regulated in todays world. Broeckaert 7 Defined as material that deals with sexuality in a way that government officials want to censor it as it offends the morals of that time, obscenity has existed since the Roman Empire established the Office of Censor in 443 BC. As a young country America experienced the issue 1 The Federal Communications Commission was established on June 19, 1934 2 Novel by John Cleland first published in England in 1748, also goes by the other title of The Memoirs of a Woman of Pleasure 3 FCC v. CBS was the name of the court case about the Janet Jackson Super Bowl Incident of obscenity in the 1800s, only a few years after the Bills of Rights was enacted4 with the First Amendment, granting the Freedom of the Press and Speech. The earliest obscenity trial in the United States was the case Commonwealth v. Sharpless in 1815. The case was about an obscene painting of a man and a woman. During the trial it was admitted that, “The court, by referring to other laws not specifically related to this case, had noted that the law did not allow lascivious, lewd, or obscene publications--the types of publications that are widely distributed today.” (Edwards, 1.) Sharpless tried to defend himself by stating that the painting was located in his home and not a public place. He was ultimately found guilty, but appealed as there was no statute in Pennsylvania against obscenity at the time. The judgement was affirmed, since the prosecution of obscenity was not barred. This is an example of moral legislation being based off of Biblical standards during the time. Obscene paintings or other images were not often found offensive, but the development of obscenity in literature soon received attention. The first well known conflict in America with obscene literature was the banned erotic novel Fanny Hill in 18215. The novel was about the life of a prostitute in London, and the writing had no restraints when describing sexual scenes. This was the first obscenity case involving a book in the United States. The novel existed years before, but in censored versions. Not until 1821, when Peter Broeckaert 8 Holmes published the novel in its original script, did people begin to react negatively. Chief Justice Isaac Parker declared that the publisher was a “‘scandalous and evil disposed person’ who had contrived to ‘debauch and corrupt’ the citizens of the commonwealth” (Karolidies, 285). Though obscenity was usually portrayed in images and sometimes in news, the United States never had to deal with obscene literature, making it the first court case about it. As 4 Bill of Rights was enacted on December 15, 1791 5 Though many books also were banned at this time and following, Fanny Hill was original banned novel for obscenity rather than religious or political issues in other novels. literature was one of the only few forms of entertainment back in the 1800s to the early 1900s, anything obscene could cause just as much controversy as obscene radio or television. The government did not only attempt to get rid of obscenity in literature. The Federal Comstock Law6 was passed which made mail containing obscene letters, pictures, or contraceptive devices illegal. The penalties for breaking this law were severe, as preventing obscenity became a more popular crusade in America and anyone who tried mailing anything obscene, “Shall be imprisoned at hard labor in the penitentiary for not less than six months nor more than five years for each offense, or fined not less than one hundred dollars nor more than two thousand dollars, with costs of court.” (Thomas, 1.) The law led to many arrests as the Comstock’s main crusade was to stop the availability of contraceptives as they were viewed as lewd, immoral, and promoting promiscuity.