Under pressure from conservatives such as Jesse Helms, the FCC has been increasingly hostile to “shock radio” in recent years. Last year it fined Infinity $6,000 after one of Stern’s guests played the piano with his penis. But last week’s fine upped the ante. “This is the first skirmish in a war against that trash,” says Terry Rakolta, head of Americans for Responsible Television, the group that lobbied for even harsher remedies. “We want shock-jocks away from our kids.” Infinity is expected to appeal the penalty; the ACLU is already arguing that even Stern’s crude humor is protected under the First Amendment.
For a large company like Infinity, which pays Stern more than $2 million a year to broadcast his show in 10 cities, the fine may just be the cost of doing business. After all, advertisers pay Infinity about $3,000 per minute to reach Stern’s 3 million daily listeners. Still, the FCC warns that if Stern doesn’t lighten up, “it could result in a license-revocation hearing.” First Amendment attorney Martin Garbus says last week’s penalty threatens “the freedom of smaller stations that can’t afford to pay huge fines.” As always, with Stern’s humor, the little guy takes the hit.
