Musician's Union response to "indecency " legislation

[GoddessOfGuinness]

American Federation of Musicians
of the United States and Canada
AFFILIATED WITH THE A.F.L.-C.I.O.

OFFICE OF THE PRESIDENT
THOMAS F. LEE
1501 Broadway, Suite 600
New York, NY 10036
[phone] · FAX [phone]

March 26, 2004


Dear Senator:

Congress has responded to recent broadcast events, such as the Super Bowl half-time show, which have offended a large segment of the general public. In the next few days the Senate will be considering S.2056, the Broadcast Decency Enforcement Act. The American Federation of Musicians of the United States and Canada (AFM) appreciates the concern about keeping the airwaves free from indecent material. However, S. 2056 places too much of the blame and too large a fine on the backs of individual artists and performers rather than on the broadcasters who make the final decision what goes on the air. Apart from the excessive fines on individual performers, S. 2056 also presents First Amendment problems. “Indecency” is a very broad and subjective term.

In the present legislation, an individual performer would be fined more than the broadcaster - $500,000 compared to $275,000 for a first offense. There is no distinction made for individuals who knowingly or unknowingly violate broadcast decency standards. Considering that the FCC has never fined an individual performer, but only the broadcaster, this is a striking change in public policy and one that is of great concern to America’s artistic community.

The legislation before you is an overreaction to what is a legitimate concern. I ask you to reject the current version of this bill. The creative community in general and the AFM in particular are happy to work with you on finding a more reasonable solution.

Sincerely and fraternally,

Thomas F. Lee
President
AFM