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How Howard Stern Cashed In On Objectionable Content

Everybody wanted to know exactly what Stern had said to incur FCC fines. We couldn’t rebroadcast those bits and didn’t want to discuss them.

Andy Bloom

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Since Florida Governor Ron DeSantis threw his hat in the ring for the Republican nomination, the mainstream media has discovered there is a human worse than Donald Trump, which is saying something considering that Trump has been called or compared to Hitler in The New York Times, The Washington Post, by CNN’s Dana Bash, on MSNBC by Rachel Maddow, by Democrats including Reps. James Clyburn (D-SC) and Jerrold Nadler (D-NY),  on The View, Saturday Night Live, by a former head of the Anti-Defamation League, former Mexican President Vicente Fox, and many others, including Howard Stern.

The left and their partners in the mainstream media have a long list of grievances against DeSantis, none more disingenuous than the claim that he is banning books.

In reality, Florida has given parents control of their children’s education by allowing them a say regarding age-inappropriate materials in public school libraries.

Several organizations keep track of books that are being challenged and “banned.” Topping every organization’s list is “Gender Queer” by Maia Kobabe. The book’s Amazon description includes: “bonding with friends over erotic gay fanfiction.” The author is also an illustrator and illustrated the book. Although I have not read it, I understand the illustrations are sexually explicit.

The book gets challenged and pulled from public school libraries for graphic sexual content. The left maintains conservatives want to ban the book because of an anti-LGTBQ+ crusade. The objections wouldn’t be different if the depictions were of heterosexual sex. It isn’t age-appropriate and therefore shouldn’t be in a school library.

I wondered if I could find “Gender Queer” at a big-name brick-and-mortar bookstore throughout Florida. I checked more than a dozen Barnes & Noble bookstores. Many had the hardcover and paperback in stock and ready for pick up in two business hours or less.

There are no banned books in Florida. Adults can buy any title they want and read it where they choose.

Some restrictions on content (such as keeping sexually explicit content out of public school libraries) are legitimate. Other objections might come from outside the community impacted by the decision or by small minorities or religious groups. Radio people understand these situations.

It reminds me of a tale of three wise men named Howard Stern, Mel Karmazin (Infinity Broadcasting President), and Don Buchwald (Stern’s agent).

In November 1986, three months after we began simulcasting The Howard Stern Show on WYSP, Philadelphia (where I was program director), the FCC started investigating three indecency complaints.

Two of them were from Reverend Donald Wildmon of Tupelo, Mississippi. Wildmon was the director of the “National Federation for Decency.” The third was from Mary Keeley, the mother of a 15-year-old girl. “Morality in Media,” an organization similar to Wildmon’s, instructed her on how to file an FCC complaint.

The FCC gave WYSP’s parent company, Infinity, 30 days to respond. Karmazin answered with a vigorous defense in December 1986. He “urged the Commission to conclude its inquiry without further action.”

In April 1987, the FCC rejected Infinity’s defense and concluded that Stern had aired indecent material, even though he did not utter any of the famous “Seven Dirty Words” previously understood to comprise the standard. Because he dwelled on sexual or excretory matters, not just fleeting references, the FCC found the material “patently offensive.” The FCC was also concerned because “there was a reasonable risk that children may have been in the audience.”

Because the Commission clarified its standards, it limited its action to warning Infinity and other broadcast licensees that future cases would be actionable by fines or license penalties.

The FCC’s ruling confused broadcasters. What could you say and what couldn’t you say on the radio? What made something indecent?

Steve Lerman was the principal regulatory counsel to Infinity. I had several meetings with Lerman and can only imagine how many sessions the Stern crew had with him trying to understand where the FCC had drawn the line.

Steve is a great guy, and the smartest lawyer I’ve ever met, but his personality has never been described as dynamic. If you’ve seen “Ferris Bueller’s Day Off,” you know what he sounds like. Recall the scene with Bueller’s teacher, played by Ben Stein: “Bueller, Bueller, Bueller? Anyone?” That’s Steve Lerman.

Lerman told us to imagine him reading a transcript of what Stern said before the Supreme Court as they sat in their robes stone-faced. “That should give you a pretty good idea of whether it’s indecent,” he taught us.

In 1988, Stern added his third station, WJFK, Washington. Otherwise, life seemed to go on as normal. Then came the annual Christmas Party Show in 1988, resulting in more complaints to the FCC.

In the Fall of 1989, the FCC asked Infinity to explain the complaints about the Christmas Party show. The FCC rejected Infinity’s argument that the material was no more offensive than daytime television programs and, therefore, not indecent. The Commission slapped each of the three stations with a $2,000 fine and Notice of Apparent Liability (NAL), which could result in license forfeiture.

That day was the first time I was asked to appear on Nightline. Of course, I didn’t accept. The program director at WYSP didn’t speak for Howard Stern or Infinity on FCC matters. Nightline showed press conference footage from earlier that day. I recall seeing Stern visibly shaken.

Infinity (later CBS Radio) fought legal battles over indecency with the FCC for several years.

In the meantime, the three wise men displayed their brilliance.

Everybody wanted to know exactly what Stern had said to incur FCC fines. We couldn’t rebroadcast those bits and didn’t want to discuss them. The combination of Howard, Mel, and Don recognized people were curious, and nothing is more desirable than something banned. That was the genesis of “Crucified by the FCC.”

“Crucified by the FCC” was a box set released in CD or cassette formats, plus a 12-page booklet about the show’s history and battles with the FCC. It was released in early 1991 and included material from the Christmas Party show that brought the FCC fines.

Sold directly through an 800 number and promoted heavily by the stations during Stern’s show and throughout the day. Howard did promotional appearances, including this appearance with David Letterman:

No sales records were released, but we were told it sold several hundred thousand copies.

Prohibiting books from school libraries today may present an opportunity for a financial bonanza for authors and artists.

My friend Joe thinks it could be the DeSantis literary program. Ban Romeo and Juliet due to underage sex, and teens will flock to Shakespeare.

If I were selling books today, I would borrow from the three wise men.

If I had a brick-and-mortar bookstore, I would cordon off an area like video stores did for adult movie titles. I’d make a sign that read “BANNED BOOKS” or “Banned by the Governor.” Online I’d make a “Banned Books” button prominent.

Since nobody is really banning books in America, I’d use the lessons three wise men taught me about controversy and use the objections to some titles to sell books that otherwise few people would be interested in reading.

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BNM Writers

News is the Only Thing Missing From Election Coverage

Coverage of the election is, as we’ve discussed, still very horse-race-centric, and there’s been, of course, coverage of the various Trump court cases, but where is the coverage of exactly what the candidates plan to do if elected?

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A photo featuring I voted stickers

The first thought I had when I heard NBC had hired Ronna McDaniel as a commentator for $300,000 a year was to wonder how many actual journalists they could have hired for that money. Then, I recalled that NBC had laid off dozens of news staffers just a few months ago. Then, I remembered that I had just recently written a column decrying news organizations throwing pretty much anybody on the air as a “pundit” and this….

This was worse. It’s one thing to grab some rando who happened to be a minor functionary for the Executive Branch. It’s another to hire someone whose job was to promote election denialism and pretend that her opinion is something valuable for viewers. And, yes, it’s just as ridiculous when news organizations hire former presidential press secretaries (that’s you, Jen Psaki and Sean Spicer), their very jobs were to spin everything in their bosses’ favor and now you’re going to pay them big salaries for, um, what? Because they “have a name” or you’re afraid someone else will snap them up? Why them?

The McDaniel deal lasted five days, one completely unilluminating interview, and one unexpected Chuck Todd spine-growing outburst, so it’ll all blow over soon enough. The problem is, though, the part about having fired several news staffers, and what it means in an election year on both the national and local levels. If you have the money to hire an alleged pundit – any alleged pundit – you have the money to hire reporters, and I don’t mean anchors or opinion show hosts.

Coverage of the election is, as we’ve discussed, still very horse-race-centric, and there’s been, of course, coverage of the various Trump court cases, but where is the coverage of exactly what the candidates plan to do if elected? Who’s probing Project 2025 and why isn’t it front-page, first-segment news? Who’s pressing the Biden administration on Gaza? Is anyone reporting on the candidates’ record on climate change?

Beyond prescription drug prices, is anyone digging into the broken healthcare system and demanding answers from the candidates about what they’ll do to fix it (and not letting Trump get away with “I’ll have a better plan, a beautiful plan” without a single specific detail, like they did in 2016)? Why didn’t anyone focus on, for example, the GOP candidate for governor of North Carolina and his incendiary past comments well before the primary?

Pundits are not going to do the legwork on the issues; they’ll just talk about swing states while John King and Steve Kornacki point at their touchscreen maps. We need reporting on the things that matter (and can affect that horse race, even if most people have made up their minds). It shouldn’t just be Pro Publica and scattered independent journalists doing the dirty work.

Honestly, I don’t want to hear the complaints about the quality of the candidates or how this is a rerun or any of that. (We’ll leave that to The New York Times.) We are a horribly underinformed electorate and we got the horse race we deserve. It might just be idealists like me who think that, just maybe, the news media can play a role in educating the public and bursting the bubbles and echo chambers. This country has survived and prospered for a few centuries with the press shining a light on injustice and corruption.

Now, when we need that most, they’re more concerned with what they think will bring them ratings and money (although someone will have to explain to me who thought having Ronna McDaniel as a paid commentator would draw a single viewer to NBC).

Here’s a thought: Don’t lay off reporters, especially in an election year.  Assign them to dig deep on issues that matter to the voters.

Let the pundits talk about that.

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BNM Writers

8 Ways to Take Your Commercials From Drab to Fab

Our main source of income is derived from commercials. There are a lot of bad commercials.

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Another reason to read this column, I often add an Easter egg. We are in the advertising business. Our main source of income is derived from commercials. There are a lot of bad commercials. Frequently, clients write these ads. You can excuse it if the spots suck. But when the commercials are written by Account Executives or the production department at the station, it is kind of unforgivable.

I am going to share the most meaningless phrases in commercials.

Locally Owned and Operated

Customers do not care. If customers cared about a business being locally owned and operated, Walmart would not exist. People want service, selection, and value. They do not want to get soaked. When you purchase something, are you willing to pay 20% for a local company? If you say yes, you are wrong. People want a deal.

The Phone Number

Doing 70 down the 405, John slammed on the brakes to write down the phone number for an amazing HVAC Company. That is not how it works people. HVAC companies rarely have or should have regular customers.

Normally, your AC is out. You call the HVAC Company that you are familiar with. Radio advertising allows people to have “TOMA”: Top of Mind Awareness. There are stats that show when a company is advertising on your radio station, their website shows an increase in traffic. When you needed a service for your home, you hit Google and choose the company that you’ve heard of. It’s that simple. I actually heard a commercial asking listeners to add a businesses phone number to their contact list. That is a moronic use of advertising real estate.

Street Addresses

“Tequilaberry’s Prime Rib is located at 106 East Governors Drive in Peoria.” 

The people listening cannot process that detail. You could say “Tequilaberry’s Prime Rib is on Governors Drive just off 10th in Peoria.” That is almost digestible. That creates a picture of where it is.

Trust me, people interested in prime rib will Google you and load the address in their navigation system. Spend that precious spot time selling the experience of the restaurant.

Always Using the Company Owner/Founder in Commercials

Sometimes, it is amazing when business owners are their spokesperson. They have passion and are natural salespeople. Some business owners are terrible at speaking about their product.

When you have a business owner who is a natural promoter, they can drag listeners into their business. I once worked with a family who owned a couple of hardware stores. They spoke about the benefits of visiting their stores. It was heartfelt and real. They promised that their employees can help solve any problem in your home. If you went to that store and had a simple or complex problem, the employees helped you out.

I once worked with a man who owned a really nice flooring company.  For whatever reason, he thought that he was funny. He had spots written by him, his wife, or a kid. The ads were dreadful. They were not funny at all. Account Executives need to talk these clients out of doing commercials like this. Nothing says wacky hijinks like flooring.

Overuse of Numbers

“We have grapes at 99 cents a pound, Chuck steak at $1.99, two-for-one zucchini.”

Trust me, no one driving in city traffic can keep track of that. “The 2025 Chevy Chevette is back with 45-mpg efficiency and amazing 18-inch tires. Prices start at $19,999…  The New Chevy Silverado starts at $32,999.”

It gets really confusing fast.

WWW.

Yes, I hear commercials saying check us on the internet at “W-W-W dot business name here dot com.”

WWW is assumed and not needed anymore unless you are running a Commadore-64 with the latest floppy disc technology.

Yellow Pages Ad

“Check out our new ad in the Yellow Pages!”

OMG, no one reads those damn things anymore. Most people born after 1960 just toss those suckers in the trash. There was a time when the Yellow Pages were the largest revenue generator in advertising. Yes, a book of ads. Like Facebook, without your buddy’s political, vacation, or food posts. It was just ads. Zero content.

I had stuffed salmon tonight that I engineered myself. I would make Sydney Sweeney quite the trophy husband. Set us up. Hey, I am single. It was not that long ago that you would hear a radio ad that promoted a coupon in the Sunday paper.

Well, that copy should be deader than a doornail.

Amateur Theater

A husband and wife discussing their lawn and how she heard about Telly’s Lawn Service from her friend Stacy. 

Those commercials are obviously contrived and not interesting at all. 

______________________________________________________________________________________________________

Open every commercial must have an attention-grabbing opener. “Totally Jammed…  The floor covered with the guest towels. Fearing the horrific consequences of another flush…  I did the right thing. I called ABC Plumbing. Quick service, a great price, and peace of mind.”

The next time that the plunger is failing to get the desired results, the listener of that commercial will identify with the very realist scenario.

We are in the advertising business. Use radio as it was meant.

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The Lost Art of Using Sound as a Springboard

Use sound it wherever you can. All you need is a loyal, capable and willing board operator, to go along with a conscientious host.

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A photo of Jon Stewart hosting The Daily Show
(Photo: Comedy Central)

Jon Stewart was the first guy to do it — take a politician’s words from the news of the day or week. Search his or her entire past and find a sound byte saying the exact opposite.

It became an art form – and a great way to keep people accountable.

Most radio operations don’t have the resources necessary to consistently do something like that, but truth be told, that kind of journalism isn’t really the point of this week’s column.

It’s an example of the simple power of sound. We need to use it more within our shows. Use sound it wherever you can. All you need is a loyal, capable, and willing board operator, to go along with a conscientious host.

Speaking from experience, not doing it is lazy.

Doing it takes minimal effort and helps conversations tremendously – especially when it’s in real-time. I know. I’ve been there – missing opportunity after opportunity because I didn’t think of it, ask for help or just do it myself.

Put simply, good sound is a better springboard to a question than just a question.

Just the other day, I realized how well it works and how little I’ve been doing it.

Here’s what happened.

We have one particularly heated congressional race in our state. The Republican candidate is running for a second time after narrowly losing in 2022 in an election where Connecticut’s gubernatorial candidate from the same party got smoked, and the Republican presidential candidate lost the state as well.

This time around, there’s a struggling Democratic President with real doubts about the economy and the country’s standing in the world.

Put simply, the Democratic congressional incumbent has a massive task ahead to get re-elected.

On my show, I try to be consistently independent and be a place for both parties to appear with the expectation that the conversations will be fair and honest.

The Republican candidate came on the show earlier this month, and we went through a number of issues. Connecticut is a relatively strong Democratic stronghold, where the party controls the legislature, the Governor’s Mansion, and the entire congressional delegation.

Having said that, the largest voting block is unaffiliated, so appealing to independents is crucial for either side to win. I asked the Republican candidate twice about whether he will support Donald Trump, and both times, he equivocated. I asked the follow-up, we were on the record, so I moved on.

The following week, his opponent, the Democratic incumbent, was scheduled to appear on the show. Before her arrival, I realized the Trump Q&A should probably be replayed for her. Duh.

My producer found it, clipped it, and had it at the ready. I felt that I should have realized it sooner and not put some added strain on my partner’s morning routine. He was fine, but it definitely added unnecessary work within the show.

Lesson learned.

The sound byte worked well. I played it. She responded. We moved the story forward, and it was compelling – as you might imagine, the topic of Trump vs. Biden is pretty compelling these days.

By no means did it create a “wow” moment. That would be a little much. But it did make the show better, using the opponent’s own voice as opposed to my paraphrasing something. That lends credibility, not only to the topic but also to the show. He gave this important answer on our show, and she gave her response … on our show.

My final thought on this is that we (I) need to look for more places to utilize sound as a springboard to conversations, as opposed to simply raising the topic and discussing it. Maybe you’re already good at it and do it all the time, but this past week, I realized I need to push myself to do it more.

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