The FCC doesn't do anything pro-actively and frequently doesn't hand out any fines at all. Now all of a sudden, given the Janet Jackson thing, the government and the FCC have found themselves under the gun a little bit and they are now responding. This isn't how things are supposed to work. By not enforcing rules that have been there for a long time on something as subjective as "decency," it is almost the same thing as saying that material is acceptable for the airwaves. Now that there have been no fines over the course of time, you can't all of a sudden make scapegoats of broadcasters who have been doing the same thing for the last five years.
The Outlaws
Opie and Anthony
There have been some examples of broadcasters who have been punished for activities. Opie and Anthony were pulled off the air last year when they had an explicit contest with listeners who had to have sex in public places around New York City for "points." When one of the couples got caught in St. Patrick's Cathedral, the hammer was dropped on Opie and Anthony because they encouraged someone to do something illegal and then broadcasted it. I must say that I was listening that day and thought it was one of the most entertaining and funny shows I have ever listened to, probably because of the shock value. That being said, I don't question the decision to fire those guys. They encouraged someone to do something illegal and broadcasted it. I loved that show and I wish it was still on, but I know that isn't right.
Bubba the Love Sponge
Then the case of "Bubba the Love Sponge" happened in the last week. I don't know who "Bubba the Love Sponge" is, and I have never heard the show, but he was fired last week after accruing a $755,000 fine based on the complaints of one man to the FCC. I have heard about some of the antics of "Bubba" and maybe some reprimanding was in order.
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