This article was originally published in the Winter 2005 issue of Christian Networks Journal.
“The more I listened, the more irresponsible content I heard. I just felt this sense of purpose. I thought to myself, ‘Somebody ought to do something. Why not me?’” Doug Vanderlaan
“One (expletive) in Jacksonville is
going to change the
complete landscape of radio forever.” Bubba the Love Sponge 1
complete landscape of radio forever.” Bubba the Love Sponge 1
Long
before Bono’s prime time profanity and Janet Jackson’s wardrobe malfunction,
Doug Vanderlaan filed a complaint with the Federal Communications Commission
(FCC) about the indecency he was hearing on WPLA, Planet Radio, in
Jacksonville. It was like David throwing a stone at Goliath. Vanderlaan isn’t a
Congressman or a millionaire. He’s the father of two young men who were teens
at the time. Clear Channel Communications, the owner of Planet Radio, is the
biggest radio empire in the United States.
Although
it took two and a half years, Vanderlaan’s tactics were devastatingly
effective. In January, the FCC fined Clear Channel $755,000. Clear Channel soon
instituted a corporate-wide zero tolerance policy regarding indecency, and that
policy has resulted in the termination of violators. Bubba the Love Sponge is
off the air, and Howard Stern has been on the ropes.
It
all started in June 2001. Vanderlaan and his son, Mark, are musicians at their
church. After practice one night, Vanderlaan allowed Mark, who had a learner’s
permit, to drive home. Mark also picked the music, tuning in Planet Radio. The
next day, when Doug got into his 1991 Corolla to go to work, he turned the
radio on and heard Bubba for the first time.
Bubba’s
guest was describing what viewers could see at her sexually explicit website.
The web address was announced. Bubba told his audience that becoming
pornographic webmasters would be a good idea for sixteen and seventeen year old
boys to consider because it was a way to get a lot of sex.
“Bubba
was encouraging adolescent boys to get involved with pornographic websites,”
Vanderlaan says. It wasn’t the kind of thing he wanted his sons to hear. He began listening to Bubba regularly. He found out that the show he had heard was
typical. Then he started writing to advertisers. “I would tape the show in the
morning. Then I’d listen to it on the way to work,” he says. “I would write
down the names of the advertisers. In the evening, I would take out my notebook
and go through the names and find their websites, addresses, and contacts.”
Over
the next several months, he wrote hundreds of letters informing Bubba’s
sponsors that they were advertising on a show that was indecent and asking them
to stop supporting the show. Many were not aware of the content of the program.
Over a hundred advertisers pulled their ads. Bubba’s lawyer sent
a letter to Vanderlaan demanding that he cease and desist.
In
August of 2001, Vanderlaan received a curious phone call from a woman who
identified herself only as a Clear Channel employee. She told him that running
off sponsors didn’t matter to Clear Channel, because there were plenty of other
advertisers to buy the ad time. Then she encouraged him to contact the FCC.
That’s exactly what he did. “I filed my initial complaint in the fall of 2001,
without the help of an attorney. The FCC responded that I hadn’t proven that
the show had been indecent. I didn’t know exactly how to go about the filing,”
he says.
Washington
D.C. attorney Arthur V. Belendiuk, who specializes in issues related to the
FCC, took an interest in Vanderlaan’s efforts. Belendiuk says, “Doug Vanderlaan
was exercising his right to petition a government agency. It’s unfair for a
corporation to try to beat up on a citizen the way Clear Channel did. There was
significant pressure for him to stop, but he kept going. That took courage.”
Working
pro bono, Belendiuk helped Vanderlaan craft complaints that the FCC could act
upon. The first of those was submitted in April of 2002, the second in October
of 2002, and the third in January of 2003. “Getting Bubba off the air was not
the goal. That would have been too narrow. Our objective was to stop content
that was harmful to children,” Vanderlaan says.
The
first paragraph of the final complaint reads, “As was demonstrated in Mr.
Vanderlaan’s previous pleadings, Clear Channel actively markets certain of its
radio station formats to children. To this young impressionable audience, Clear
Channel not only broadcasts indecent material, it promotes and glorifies the
use of illegal drugs.” 2
In
August of last year, Belendiuk arranged a meeting between Vanderlaan and two
Clear Channel executives, Peter Ferrara, V.P. of
Clear Channel’s Orlando Region, and Norman Feuer, General Manager of
Planet Radio. Vanderlaan presented the following list of five types of content,
with examples, that he thought were harmful to children:
Use
of children’s cartoon characters in sexual or drug settings.
- Skit
with Scooby-Doo performing oral sex to get crack.
- “Sodomy Street” sung to tune of Sesame
Street.
Graphic
broadcasts or descriptions of excretory processes.
- Prostitute
urinating in can.
- DJs
drinking urine and vomiting.
Promotion
and glorification of drug use.
- Promotion
of drug use websites.
- Favorable
portrayal of routine drug use by DJs.
- Favorable
portrayals of the use of rufinol for date-rape.
- Promotion
of drug paraphernalia shops.
Graphic
broadcast of sexual acts.
- Broadcast
of sexual acts in the studio.
- Broadcast
of callers’ sexual acts (e.g., females masturbating).
Promotion
of porno web sites.
- Broadcasting
and promoting porn website addresses.
- Encouraging
teen listeners to get involved with porn web sites.
If
Clear Channel had agreed to stop those five types of content, Vanderlaan was
prepared to stop writing to advertisers and to back off his complaints to the
FCC. “They could have gotten out of the spotlight,” he says. The Clear Channel
executives made vague promises about changes, but would not commit to stopping
the specific items Vanderlaan was asking for.
Urban Pioneer
“My
interest in affordable housing issues and decency on the radio merged.” Doug
Vanderlaan
In
the early 90s, Vanderlaan began to volunteer to build houses with Habitat for
Humanity of Jacksonville. Before long, he was on the board of directors of what
is now the largest Habitat affiliate in the US. “I was particularly active with
training new homeowners, teaching classes on plumbing, electrical, and lawn
care,” he says. Two years ago, Vanderlaan and his wife, Doris, moved into
Jacksonville’s historic neighborhood of Springfield.
Several
decades ago, Springfield was beautiful, with big Victorian houses on tree-lined
streets. It was a thriving community on the outskirts of downtown. However, the
growth stopped and Springfield deteriorated. Weeds overtook vacant lots while
drug dealers and prostitutes took the streets. Shadowy hustlers roamed about
after dark. Springfield became one of the most dangerous parts of the city. It
happened gradually, as did the decay that has taken place in much of the media.
Urban
pioneers, like the Vanderlaans, started moving in, fixing up the houses, and
improving the neighborhood. Some of the houses are very nice now and more are
being renovated. Many of the houses still look awful, like the one next door to
the Vanderlaans’. Doug and Doris recently bought it, and they have begun to
work on it. On the outside, it’s ugly. On the inside, it’s hideous. Still,
Vanderlaan says it’s structurally sound enough to be rehabbed, which he
estimates will take a year.
“Doris
and I wanted to be part of the change that’s now happening in Springfield,”
Vanderlaan says. They choose to live there because they believe that it can,
once again, be a place where families can live in decent and affordable homes.
They serve in the neighborhood as Block Captains, working to address issues
like crime, streetlights, and garbage pickup.
Springfield
isn’t yet a neighborhood where most people would feel safe walking at night.
Hustlers peddle drugs in the streets. If you slow down in your car, a
prostitute might try to flag you down. A recent segment of the television show
Cops was filmed just four blocks from the Vanderlaans’ home. Still, Doug says
things are better now than when he moved in.
Vanderlaan
explains that he believes in the theological concept of reformation, for a
neighborhood that appeared to be beyond repair, and for a culture that
sometimes appears to be beyond redemption.
Radio Active
“Someday, when the story
of my life is written, it will say ‘He was a radio activist.’ I didn’t plan for
this. It sort of fell into my lap.” Doug Vanderlaan
Vanderlaan
liked chemistry because he did well at it. He thought that, as a chemist, he
could have an impact in the world in a way that was very consistent with his
faith. When he was a young man, he envisioned himself doing medical research or
helping to develop safer methods of pest control.
He
has a good job with a Fortune 500 company, but his career hasn’t always worked
out the way he thought it would. “After I earned my Ph.D., I was involved in
developing a new plastic for bowling balls. It was a nice, interesting job,”
Doug says. “However, developing a better bowling ball didn’t seem to connect
with my personal values. I continue to struggle with the challenge of
connecting my career with my beliefs and values.”
For
a long time, Vanderlaan has felt that the welfare of children too often takes a
back seat to business interests. For example, he says that a big part of
Bubba’s target audience was adolescent boys. “One thing that made this a
personal issue for me is that when it all started, I had two teenaged boys.
I’ve also been involved in church youth programs for boys,” Vanderlaan says. “I
know what’s good for them and I know what’s bad. That show was very bad. It is
irresponsible to tell teenage boys where to find pornography. Parents,
teachers, and broadcasters have a responsibility to protect kids from that.”
After
he heard Bubba, he quickly decided to take action. He originally thought it
might take as little as six months, but he was willing to put as much as five
years into the effort. “I never had any second thoughts about it,” he says.
“Looking at what Bubba was doing, I thought all the pieces were in place to put
a stop to it. Parents, if they understood, would be furious. Politicians would
respond. Advertisers would respond. I always felt optimistic.”
Through
his involvement in affordable housing issues, and throughout his career, he had
learned how to resolve legal issues and how to deal with bureaucracies. When
Vanderlaan got involved in the radio business, he was confident that he could
learn what he needed to learn about the system.
Dealing with the FCC and Shock Jock
Economics
“The most discouraging
thing for me was the slowness of the FCC.” Doug Vanderlaan
When
working with patent lawyers in his career or on housing issues as a volunteer,
it always took time to get things done, but at least Vanderlaan had some idea
of how long it would take. Working with the FCC was different. After he filed
his complaints, he had no indication of how long the process would take.
“After
my first complaint, I waited three or four weeks. Then I called,” he says. “I
found that the FCC is slow and secretive. After many phone calls, I managed to
find the person on whose desk my complaint was sitting. Her attitude seemed to
be that the FCC would get back with me when they were good and ready.”
Another
challenge for Vanderlaan was understanding the economics of the radio business.
The shock jock format is one of the most profitable formats in radio. Young men
are a very desirable demographic to advertisers. Radio hosts who can attract
young men as faithful listeners make a lot of money for themselves and for
their stations.
“I
knew we were having an impact on the advertisers,” Vanderlaan says. “However, I
also knew I didn’t fully understand the economics of the business. The strength
of my letter writing campaign was substantial, but I feared that the money that
show was bringing in was far greater. I assumed that when advertisers
understood what Bubba was doing, they wouldn’t want anything to do with him.
But some just didn’t care. Their only concern was that their ads were reaching
their target demographics. That was a difficult thing for me to accept.”
Faith and Politics
Vanderlaan is a Christian. He believes
Christians are called to serve God, to be agents of change in this world, and
to help people who need help. “Everybody has core beliefs and values,” he says.
“Christianity is the source of mine. I believe Christians need to be engaged in
the culture. Too many Christians have disengaged. I think that if children are
listening to shows like Bubba the Love Sponge, parents should also be
listening. When we see and hear things that are harmful to children, we should
try to change those things.”
Vanderlaan believes that some media
commentators have tried to marginalize the issue of decency by labeling it a
conservative cause. For example, many have mistakenly assumed that he’s a
right-wing conservative. In fact, he’s a Democrat, and he’s quick to point out
that the staunchest defender of decency at the FCC is not Chairman Michael
Powell. It’s Commissioner Michael Copps, a Democrat.
“Industry, collectively, is doing next
to nothing to clean up its act. But if we at the Commission could just bring
ourselves to send one of these more outrageous cases to a hearing for license
revocation, Big Media would get the message real quick and they would begin to
take us seriously, which they don’t right now.” Michael Copps 3
Vanderlaan says, “Issues of decency
don’t break down neatly along conservative-liberal lines. This is about kids.
Republicans love their children. Democrats also love their children. I’m
looking forward to the day when both parties are competing for the high moral
ground in regard to decency.” Similar sentiments are being expressed elsewhere.
“Vulgarity
overload is creating a critical mass of alliances that target big media along
with bad taste. It’s not a pure liberal-versus-conservative issue anymore – and
therein lies hope.” Patrick Goldstein, L.A. Times 4
“I
have never seen such broad consensus on an issue. People have just said, ‘Enough
is enough. These are our airwaves.’” L. Brent Bozell III, President of the
Parents Television Council 5
Turning it Off, The Slippery Slope, and
Confused Shock Jocks
“They
and others are expressing and imposing their opinions and rights to tell us all
who and what we may listen to and watch and how we should think about our
lives.” Howard Stern in reference to the FCC. 6
Howard
Stern and other shock jocks say that people who don’t like their shows should
simply turn them off. However, as a Wall Street Journal editorial stated, “That
may make for an easy sound bite. But for parents it’s no answer at all. Unless
you’re thinking of sending your child to a convent school at the edge of a
Spanish desert, there’s no way to turn off the culture. And implicit in this
flip advice is the arrogant assumption that people getting rich off this
garbage have no responsibility for what they put out.” 7
Many
people have objected to the actions of the FCC because they say it is a
“slippery slope” that will lead toward restrictions on free speech for
political purposes. Vanderlaan acknowledges that the government’s authority to
mediate any media content is, like any other government authority, one that
could be abused. However, when Howard Stern and Bubba claim they’re being targeted
for their political expressions, Vanderlaan unapologetically calls them liars.
“They’re hiding behind a smokescreen,” he says. “Prohibiting indecency during
hours when children are likely to be listening is not political censorship.
It’s common sense. The real motivator
for the shock jocks is money. FCC
rules generally allow raunchy content late at night, but night-time audiences are much
smaller than morning drive-time audiences. Consequently, ad time is less
valuable and the shock jocks can’t earn as much.”
Vanderlaan
points out that the FCC has bent over backwards to give broadcasters every
benefit of the doubt. Broadcast content has to be profoundly and repeatedly
indecent for the FCC to take action. Still, the shock jocks complain that the
line between decency and indecency has not been adequately defined. He says,
“They can’t honestly say ‘We want to abide by FCC regulations, but we just
don’t understand the rules.’ In fact, Bubba used to taunt the FCC. On his show,
he joked that he was on the FCC’s ten most wanted list. Ninety-nine percent of
the nation’s radio stations have not been fined by the FCC. The shock jocks
would have people believe that they can’t figure out what the vast majority of
radio broadcasters have figured out. It’s very disingenuous. The truth is that
they are perfectly capable of reading and understanding the FCC’s rules.”
From the FCC Website
“It is a violation of
federal law to broadcast obscene programming at any time. It is also a
violation of federal law to broadcast indecent programming during certain
hours. Congress has given the Federal Communications Commission (FCC) the
responsibility for administratively enforcing the law that governs these types
of broadcasts. The Commission may revoke a station license, impose a monetary
forfeiture, withhold or place conditions on the renewal of a broadcast license,
or issue a warning, for the broadcast of obscene or indecent material.”
“The FCC has defined
broadcast indecency as ‘language or material that, in context, depicts or describes,
in terms patently offensive as measured by contemporary community broadcast
standards for the broadcast medium, sexual or excretory organs or activities.’
Indecent programming contains patently offensive sexual or excretory references
that do not rise to the level of obscenity. Indecent programming may, however,
be restricted in order to avoid its broadcast during times of the day when
there is a reasonable risk that children may be in the audience.”
“Consistent with a federal
statute and federal court decisions interpreting the indecency statute, the
Commission adopted a rule pursuant to which broadcasts -- both on television
and radio -- that fit within the indecency definition and that are aired
between 6:00 a.m. and 10:00 p.m. are subject to indecency enforcement action.” 8
Fortune, Fame, and the Fixer Upper Next
Door
The
Vanderlaans have been harassed by phone and through e-mail. In the month
following the FCC announcement of fines for Clear Channel, the Vanderlaans
received over twenty disturbing phone calls or messages on their answering
machine. The day Clear Channel fired Bubba, they received this threatening
message: “Do you think you’re a big man now, getting somebody fired?
Motherf---ing pussy! Don’t be surprised if the police catch you someday for
having drugs in your car.”
People
might assume Doug Vanderlaan is as angry and aggressive as the shock jocks. In
fact, he’s soft-spoken. He’s also very determined when he sees or hears
something he can change, whether it’s cracked sidewalks in his neighborhood or
a shock jock spewing indecency. He’s deliberate and methodical, and he has the
tenacity to follow through on what he initiates.
Vanderlaan
has been quoted on CNN’s website and in many newspapers, from the Miami Herald
to the Los Angeles Times. He has appeared on numerous television shows,
including the O’Reilly Factor and FOX News’ Breaking Point. He has obtained a
degree of celebrity that most of the contestants on Survivor and American Idol
can only dream about. But, unlike any of them, he never sought fame or fortune.
All he wanted to do was to make a positive difference in his culture.
Now
that he has become somewhat famous, he certainly could exploit that for profit,
the way many people would. But that doesn’t interest him. He’s willing to talk
to the media, but only if it will help to advance the cause of protecting
children. So, what does he want? He seems content to go on with his life as a
scientist and to continue to fix up the house next door.
Doug
Vanderlaan’s efforts against indecency have had a ripple effect that goes far
beyond anything he imagined at the beginning. He’s delighted with that.
However, he says, “This was harder than it should have been. The FCC should
have done something about this long ago. The FCC has failed in its enforcement,
until recently. There obviously has been a change of heart at the FCC. I’m
happy to have played a part in that.”
Endnotes
- Marcus Franklin, Listener
Has No Love for Bubba’s Message, St. Petersburg Times Online, February 1,
2004. (http://www.sptimes.com/2004/02/01/State/Listener_has_no_love_.shtml
- Art Belendiuk, Indecency
Complaint to the FCC filed on behalf of Doug Vanderlaan, January 24, 2003,
page 3.
- Michael Copps, Remarks at FCC
Hearing on Localism and License Renewal in San Antonio,Texas, January 28,
2004 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243336A1.pdf
- Patrick Goldstein, The Decency Debate, Los Angeles Times, Mar 28,
2004., pg. E.1. http://pqasb.pqarchiver.com/latimes/591560271.html?did=591560271&FMT=ABS&FMTS=FT&date=Mar+28,+2004&author=Patrick+Goldstein&desc=THE+DECENCY+DEBATE%3b+The+zipping+point%3b+Vulgarity+overload+is+creating+a+critical+mass+of+alliances+that+target+big+media+along+with+bad+taste.+It%27s+not+a+pure+liberal-versus-conservative+issue+anymore+--+and+therein+lies+hope.
- Brent L.
Bozell, Remarks posted on Parents Television Council Website on March 31,
2004, accessed April 28, 2004. http://www.parentstv.org/PTC/accomplishments/main.asp
- Howard
Stern, Howard's Response To The FCC's Actions, posted on April 8, 2004 at
his website, and accessed on April 28, 2004. http://www.howardstern.com
- Wall
Street Journal Editorialist, Howard’s End, Wall Street Journal, April 23,
2004, page A14.
- Federal
Communications Commission, Obscenity, Indecency,
& Profanity, from the FCC Website , last reviewed 3-31-2004, accessed
April 28, 2004. http://www.fcc.gov/parents/content.html
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