How Howard Stern Cashed In On Objectionable Content

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.