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Congressional Hearings and Political Pressure on America's Entertainment Media Vanderbilt Journal of Entertainment & Technology Law Volume 7 Issue 1 Issue 1 - Winter 2004 Article 3 2004 Regulation through Intimidation: Congressional Hearings and Political Pressure on America's Entertainment Media Kenneth A. Paulson Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Kenneth A. Paulson, Regulation through Intimidation: Congressional Hearings and Political Pressure on America's Entertainment Media, 7 Vanderbilt Journal of Entertainment and Technology Law 61 (2021) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol7/iss1/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. ConAressn'onaR Hea ain M Pressure on America's EnetRnetMedia By Kenneth A. Paulson* criticism with a commitment to regulate 'C ongress shall make no law..." The first their own content. line of the FirstAmendment to the United States These hearings - in theory conducted to Constitution is unambiguous.Yes, there have been consider legislation-rarely lead to new debates and discussion about the scope and laws or government regulations. application of the forty-five words of the First Amendment, but those first four words say that Although legislative hearings are now common and Congress may not control what we say, write, and accepted as a logical component of the democratic express. process, there was once some question whether Yet despite that restriction, Congress has Congress had this authority at all. in fact had significant say in the content of America's entertainment media and popular culture, particularly programs and products ,directed toward young people. Over the past century, Congress and other governmental bodies have used hearings, the threat of legislation, The Constitution established a distinct and political pressure to accomplish what separation of powers for the legislative, executive government is unable to do directly: suppress and judicial branches, setting up a system of checks or discourage unpopular or unpalatable speech. and balances that would inhibit the abuse of power. This paper explores how Congress has How, then, to explain legislative hearings, an amalgam shaped and limited the content of films, comic of judicial elements-subpoenas, testimony, books, popular music, and television over the past contempt proceedings-and executive matters? century. Specifically, this report focuses on the The propriety of Congress conducting an path to "self-regulation" and industry-wide codes investigation was explored at length in 1792, after for these four media, and how government used a force of 1,500 troops under the direction of pressure and influence to spur the adoption of General Arthur St. Clair suffered an unprecedented standards. defeat at the hands of Indians in a region that would later become Indiana and Ohio.Approximately 600 The common elements: troops were killed, including many raw recruits.The * When members of Congress want a House of Representatives initially proposed that media industry to change or eliminate President George Washington conduct the constitutionally-protected free investigation, while General St. Clair sought review expression, they often conduct hearings by a military court. In the end, the House decided designed to pressure the industry. it had the authority to establish its own investigative • These hearings most frequently focus on committee to collect testimony and information. the impact of media or art on young Standing committees and sub-committees people. conduct congressional hearings. In the nation's * These hearings are designed to generate early years, these committees were temporary. extensive publicity and awareness. That changed, though, as the legislative workload * The media targeted by the hearings grew and issues became more complicated. "As frequently respond to Congressional the nation grew and took on more complex CURB CENTER SPECOAL FEATURE responsibilities and problems, Congress had to media. Most are challenged by those in authority develop expertise and the mechanisms to deal with during the first generation of use or distribution. the changing world. And so, from a somewhat haphazard arrangement of ad hoc committees evolved a highly specialized system of permanent committees," Congressional Quarterly reported in How Congress Works. Through hearings, congressional While the focus of this paper is on committees can gather detailed testimony and Congressional hearings, pressure-particularly during information about emerging issues and pending the first half of the 20t century-was often brought legislation, calling on experts to provide depth and perspective. That power to convene hearings can illuminate " That po ver to convene hearings the legislative process, but it can also be used can illul inate the legislative pro- as a weapon. cess, but it can also be used as a SBo Se tweapon. directly, through state laws or local ordinances. There was no need for a public exploration of Time and again, arts and media targeted to a media content or implications for the First youthful audience have faced congressional scrutiny. Amendment because the First Amendment did not Highly visible hearings and negative publicity have apply. combined to pressure these youth-oriented media It was not until 1925 in Gitlow v. New York into limiting the scope of their content. that the U.S. Supreme Court found that the First Hearings and the specter of government Amendment's guarantees even applied to the states. censorship spanning a century have spurred It was not until pivotal Supreme Court cases in the "voluntary" regulation of entertainment and late 1940's and early 1950's that entertainment media storytelling for each new generation. From local began to enjoy the protection historically afforded pressure on early filmmakers, through the 1950's to news media. scrutiny of comic books and the 1980's examination The experiences of the movie industry- of rock music, to more recent hearings on television both before and after First Amendment and film, legislators have sought to curb entertainment protection-are illustrative. Faced with censorship media content without running afoul of the First from communities all over America and a growing Amendment. demand for federal legislation to curb perceived This trend to control media content on a excesses in film, the industry embraced self- national basis stemmed from a convergence of new regulation. Decades later, with freedom of speech and emerging media and content specifically directed through film firmly established, the industry retained toward young people. The media targeted by the same strategy, recognizing a need to keep Congressional hearings into content over the past Congress at bay. century vary in tone, approach, and popularity, but might collectively be described as "young culture" Movies, contemporary music, and other forms of A. Before the Hstbmenment entertainment are literally the culture of the young, but they are also young in the sense that they are In the late nineteenth century, dime novels the products of technological advances and new targeting children were widely criticized, but this reaction paled in comparison to the response to the birth of the motion picture industry. Suddenly there Regulation Through Dntimidation was a medium that reached audiences nationwide the court characterized movies as being mere with a powerful and emotional impact. This was also entertainment and not worthy of expanded a medium with tremendous appeal to the young, protection. It concluded that "the exhibition of leading to fears about the corruption of morals and motion pictures is a business pure and simple ... values. not to be regarded, nor intended to be regarded ... The first public screenings of films, then as part of the press of the country or its origins of known as kinetoscopes, came at the Chicago World's public opinion. They are mere representations of Fair in 1893, followed by commercial peep-show events, of ideas and sentiments published or known." boxes in New York City in 1894. In 1896, Edison's In his majority opinionJustice McKenna also racy film, Dolorita's Passion Dance, led to long lines noted that movies "may be used for evil, and against that possibility the statute was enacted." Holding that "pictorial representation" is With FirstAmendmentprote set aside, inappropriate for some subjects, Justice the only pathwas to build a1)Ublicpercep- McKenna noted that riitted several states tion that the film industry w. cOos supervised motion to wholesome entertainmer.t and would pictures"in the interest of the public morals attainthat goal without gover 'help and welfare .... We would have to shut our or interference. eyes to the facts of the world to regard the precaution unreasonable or the of enthusiastic men on the boardwalk in Atlantic legislation to effect it a mere wanton interference City and the subsequent banning of the movie. with personal liberty." That ruling meant that the By 1907, the city of Chicago, encouraged by film industry would face content challenges from editorials in the Chicago Tribune, gave the chief of hundreds of local municipalities. A film could be police the power to censor movies.Two years later, edited and chopped
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