February 3,
2004
VIA FACSIMILE (1-866-418-0232)
AND CERTIFIED MAIL RETURN RECEIPT REQUESTED (#7003 0500
0001 5068 4823)
Mr. Michael Powell, Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Re: COMPLAINT ON INDECENCY DURING SUPER BOWL
BROADCAST
Dear Mr. Powell:
Judicial Watch, Inc., on
behalf of its supporters and all concerned Americans, hereby presents a formal
complaint against CBS Broadcasting, Inc. (“CBS”), MTV Networks (“MTV”), Viacom,
Inc., all local TV stations which broadcast the Super Bowl Halftime, Janet
Jackson, Justin Timberlake, “P. Diddy”, “Nelly”, and “Kid Rock”, including each
of their agents and/or affiliates who, acting individually and/or in concert
with one another for purposes of furthering a joint enterprise, caused indecent
material and/or “drug lyrics” to be broadcast into millions of American homes
during the “Super Bowl Halftime Show” on February 1, 2004.
The above-described
offenders, in violation of public trust, engaged in a willful display of
indecent behavior, broadcast live into millions of American homes, and watched
by unsuspecting parents and their children.
The broadcast material
depicted sexual activity that was potentially offensive as measured by
contemporary community standards for television broadcasting. See Indecency
Policy Statement, 16 FCC Rcd 7999 (2001).
And the standard for decency must be judged in the context of the
broadcast event, while recognizing the age and sensitivities of the target
audience. Without question, the indecent
acts displayed during the Halftime Show are violative of community standards
for family programming. As such, the above-described
offenders are jointly and severally liable for violations of federal criminal
law, as well as FCC Regulations. 18
U.S.C. §1464; 47 C.F.R. §§73.3999 and 73.4165.
Further, the offending
broadcast contained “drug lyrics” in violation of 47 C.F.R. §73.4095; See also In the Matter of Licensee Responsibility to
Review Records Before Their Broadcast, 31 FCC 2d 379 (1971)(requiring that,
in the public interest, broadcast licensees ascertain, before broadcast, the
words or lyrics of recorded musical selections played on their stations). The broadcaster’s duty to review is
justifiable to protect the public interest and nothing less should be expected
from a public trustee to whom the frequency has been licensed. Id. The subjects of this complaint have failed
their respective duties.
The American public
deserves full compliance with broadcast standards of decency over the public
airwaves. The activity complained of
herein presents the Commission with the opportunity to reset the bar and demand
that broadcast television return to a standard of family values and public trust.
We urge you to enforce federal
law to its fullest extent in this matter.
American families, and especially our children, deserve nothing
less. Moreover, broadcasts of this
nature tarnish America’s image in the global community with respect to the
integrity of our great nation. Return us
to the days when the Super Bowl was more about national pride and family entertainment
--- than exhibitionist behavior and sex for profit.
Very truly yours,
JUDICIAL WATCH, INC.
Thomas Fitton, President
501 School Street, S.W., Suite 725
Washington, D.C. 20024
Telephone: (202) 646-5172
Facsimile: (202) 646-5199
_________________________
by Russell J. Verney, Director
Southwestern Region
TF/rdd