Freedom of the press is, strictly speaking, the freedom to own a press. Within wonderfully broad limits, The New York Times can say anything it wants, but you can't say anything you want in The New York Times.
Radio entertainer Howard Stern, as successful and wealthy as he is, doesn't own the stations or networks that broadcast his show. So when one of those networks, Clear Channel Communications, dumped him last week from six of its stations on extremely suspicious indecency charges, all he could hope for was that outraged citizens or loyal listeners would speak out.
Howard, here I am.
I discovered Stern's morning show driving to work 11 years ago, and I've been listening since. Day in and out, it has guaranteed me at least one good smile before work begins. To the working commuter that is a gift. When it's good, which is often, Stern's show offers a kind of ongoing, un-PC satire of political, pop and celebrity culture that -- at least until Jon Stewart's "The Daily Show" appeared -- had all but vanished from TV and radio. I turn it on after I drop the kids off at school. When it bores or offends me, I switch stations for a while.
Now people want to take my show away. After Clear Channel dropped his program, Stern said that the Federal Communications Commission (FCC) is moving to bring fines for indecency against the show, which will eventually force Infinity Broadcasting to drop it as well.
Make no mistake: the FCC, composed of five presidential appointees, levies fines, grants licenses and approves station expansion. It holds all the best cards here.
I understand that by many peoples' standards, Stern is indecent, but he has been so for a long, long time. The incident that prompted Clear Channel to dump him, and for which the FCC may levy fines, has been so commonplace on his program that it could have been mistaken for a promo spot.
Ever since Janet Jackson exposed herself during the Super Bowl's halftime show, the FCC and some members of Congress have been pushing for tougher decency standards and higher fines. Conservative religious-oriented citizens groups, like Focus on the Family, have urged them along with coordinated e-mail campaigns.
The media have picked up on this latest battlefront in the Culture War because the media loves a good Culture War. The issues are easier to understand than arguments over health care or the tax code, and they usually involve sex (Howard Stern, gay marriage) and violence (Mel Gibson, gun control).
Stern is saying that what has put the FCC on his trail this time is not dirty words, but his sudden and outspoken opposition to the re-election of President Bush. Stern supported Bush following Sept. 11 and throughout the second Gulf War, praising him as a tough leader. But he began speaking out against Bush over issues at the heart of the Culture War -- stem-cell research, gay rights -- and began urging his listeners to vote for Sen. John Kerry (D-Mass.).
Former New Jersey Gov. Christie Todd Whitman, a centrist Republican, has credited Stern's on-air support with making the difference that got her elected. Clear Channel, a corporation with a long history of support for Bush, might not have pulled Stern from such swing-state markets in Florida and Pennsylvania for political reasons, but doing so certainly won't hurt Bush there.
I've never really understood where the Culture War ends in this country and the Political War begins. My sense is that each needs and uses the other, and an election year kicks them both into high gear. Each side wants you to believe that it is on the brink of losing the war, but the evidence is murky.
Sure, Stern may get canceled, but books by leftists like Michael Moore and Al Franken are at the top of national bestseller lists. Yes, many in the media trashed "The Passion of the Christ," but that didn't stop it from earning close to $200 million so far. There may be vast conspiracies of the left- or right-wing, but Americans themselves vacillate.
It isn't surprising that Stern is caught up in the kind of cultural and political battle in which Jewish comedians and commentators like Mort Sahl and Lenny Bruce once found themselves.
He is heir to the Jewish tradition of the badchen, or shtetl entertainer. "They were scandalous, filled with gossip," comedian and frequent Stern guest Richard Belzer has said. "Their essence was to expose and make fun of things in their society. The badchen's society was the shtetl. We expand it to include the whole society."
"Stern's is an unleashed id unrepressed by socially approved feelings," writes Lawrence Epstein in his seminal study of Jewish comedy, "The Haunted Smile." "He is an attack on society's right to censor the honest feels of the individual. He is a safety valve, a release." In as free and democratic medium that exists, 18 million Americans vote for Stern each morning.
The badchen is what Thomas Cahill might call a "Gift of the Jews," an outsider who exposes society's foibles, pokes fun at its hypocrisies, makes people laugh and makes people think. The FCC has no right to look this gift horse in the mouth.