Attorney Paul Cambria, general counsel for the Adult Freedom Foundation (AFF), responded to the suggestion that the U.S. Justice Department look into “obscenity” charges against the new Howard Stern satellite radio show.
“It’s just ridiculous,” Cambria said, referring to a call for “tough action” against the Stern show by the Alliance Defense Fund’s Patrick Trueman.
Trueman told Family News In Focus that the Stern show “will be broadcasting obscenity. That’s a matter for the Justice Department.”
“Legal obscenity is far removed from four-letter words and fraternity-type humor,” Cambria noted. “It’s simple minded for Trueman to even suggest what Stern is doing fits the legal test for obscenity."
Cambria continued, “The conduct necessary to constitute legal obscenity is light years away from what Stern does on his show. Any suggestion that it would be found obscene by any average adult is an insult to legal intelligence.
“Clearly Trueman is pandering to the hopes and dreams of his financial backers by making such an outrageous statement."
Trueman, a former federal prosecutor and consultant to right wing groups, made his remarks, after another conservative spokesman called for the Federal Communications Commission to consider regulating satellite radio.
“I’m kind of wondering what Howard Stern is going to do to promote his (satellite) show because he’s already scraped the bottom of the garbage pail on his regular FM radio show,” said Robert Knight, with the Culture and Family Institute.
The FCC does not regulate satellite radio, but Knight wants that to change so the sexually explicit Stern show falls under their control.
Cambria, a prominent First Amendment lawyer, sees it differently.
“In my opinion the FCC has already gone to the ends of the earth with their overzealous enforcement policies. Now these right wing groups want to launch FCC enforcement into outer space. It just won’t fly with most Americans,” he said.
