Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama_Been_Loggin

(133,928 posts)
Sun Feb 13, 2022, 02:52 PM Feb 2022

GOP Senate candidate to run 'Let's go Brandon' ad during Super Bowl

Source: The Hill

ARepublican candidate running for U.S. Senate in Pennsylvania is planning to run a campaign ad featuring chants of "Let's go Brandon" during the Super Bowl on Sunday.

The ad from candidate David McCormick features text highlighting issues that have hindered the Biden administration including the U.S. military exit from Afghanistan and rising inflation against an audio backdrop of crowds chanting "Let's go Brandon."

The controversial phrase was made popular by conservatives and supporters of former President Trump and is meant to be an insult toward President Biden.

McCormick told Fox News, who was first to report on the ad, that the purpose was to highlight "self-inflicted" problems that have plagued the Biden administration in the last year.



Read more: https://www.msn.com/en-us/news/politics/gop-senate-candidate-to-run-let-s-go-brandon-ad-during-super-bowl/ar-AATNRS2?li=BBnbfcQ



The guy must have some money (or wealthy backers) if he can afford a Super Bowl ad. He hasn't yet made it out of the primary.
82 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
GOP Senate candidate to run 'Let's go Brandon' ad during Super Bowl (Original Post) Yo_Mama_Been_Loggin Feb 2022 OP
WTF is wrong with a network that would air that kind of crap? milestogo Feb 2022 #1
Exactly mahina Feb 2022 #3
I am pretty sure they have to dsc Feb 2022 #4
Sort Of ProfessorGAC Feb 2022 #16
No they can't onenote Feb 2022 #45
Curious ProfessorGAC Feb 2022 #72
The networks can easily decline to air all political ads during and right after such a major cstanleytech Feb 2022 #22
The ad was sold by the local station, not the network. And the station can't refuse onenote Feb 2022 #46
So limited local ad then so if there is any impact its probably negligible. cstanleytech Feb 2022 #52
It's in PA where he's running, anywhere else wouldn't matter anyway Polybius Feb 2022 #53
They have to. No discrimination allowed. LogicFirst Feb 2022 #18
It's not about discrimination, its about vulgarity. milestogo Feb 2022 #19
What's vulgar about "Let's go, Brandon"? NT mahatmakanejeeves Feb 2022 #25
It's another way of saying F.U. Biden. That is his ONLY meaning in saying that. SunSeeker Feb 2022 #31
So what? mahatmakanejeeves Feb 2022 #37
Of course it's not the worst. But they still shouldn't be saying F.U. Biden on TV. SunSeeker Feb 2022 #44
It's not about whether incivility is new. It's about GOP attempts to control the narrative. CBHagman Feb 2022 #82
they had to do something DENVERPOPS Feb 2022 #47
They'll run our ads too if we pay for them Polybius Feb 2022 #55
Doesn't matter, because it's not banned like F-bombs Polybius Feb 2022 #54
Material can still be deemed indecent for FCC purposes even if it uses euphemisms or innuendo. SunSeeker Feb 2022 #58
Let's not try and cancel this Polybius Feb 2022 #59
Right wingers always scream "cancel culture" when we object to their racism/sexism/offensiveness. SunSeeker Feb 2022 #60
It's too late to get mad about it Polybius Feb 2022 #65
It's never too late to object to a wrong. SunSeeker Feb 2022 #70
Throwing his money away. Midnight Writer Feb 2022 #2
Wish you were right, but... Number9Dream Feb 2022 #10
That's interesting to hear. blue neen Feb 2022 #30
Yep, it makes the MAGAts giddy to have figured out a way to say F.U. Biden in public. SunSeeker Feb 2022 #33
Don't give Bang-Bang Boebert DENVERPOPS Feb 2022 #49
We support the Gazpacho Police bucolic_frolic Feb 2022 #5
Shame out that THC advert they refused to show ... you know, the one that stops seizures... NotHardly Feb 2022 #24
Too bad there won't be a Lincoln Project ad. HUAJIAO Feb 2022 #6
Good call DENVERPOPS Feb 2022 #50
I guess I spoke to soon samplegirl Feb 2022 #7
If such an ad is played during the game or commentary, I will turn off NCjack Feb 2022 #8
There's putin money behind this one, I'm sure. C Moon Feb 2022 #9
This is a ballgame.. Deuxcents Feb 2022 #11
He doesn't have a district moose65 Feb 2022 #32
Ok..yes...ALL of the districts .. ty Deuxcents Feb 2022 #35
It's probably only running in his local area, during a time slot set aside for cheaper local ads. TheRickles Feb 2022 #12
He is already flooding the tv ads here in Western PA. livetohike Feb 2022 #13
How disgusting hermetic Feb 2022 #14
Is this a national ad, or just local to PA? Mawspam2 Feb 2022 #15
Don't know Yo_Mama_Been_Loggin Feb 2022 #17
Probably local. National ads are $6.5 million(!) for 30 seconds. Maybe out of his league. TheRickles Feb 2022 #26
But aren't national ads playing everywhere during SB ? JI7 Feb 2022 #38
Yes, but some of the segments, like the one just before half time, are for local businesses. TheRickles Feb 2022 #40
Somebody in PA should put up an ad ... ificandream Feb 2022 #20
The Jim Lamon ad to be run in Arizona is worse. LogicFirst Feb 2022 #21
McCormick has plenty of money Deminpenn Feb 2022 #23
All NBC has to say is no.....its really that simple.... turbinetree Feb 2022 #27
Not NBC's decision onenote Feb 2022 #43
Funny how they never talk about who got us INTO Afghanistan. CaptainTruth Feb 2022 #28
Trump humpers NEVER seem to know 60 soldiers were killed when he was "prez" Skittles Feb 2022 #29
I point that out Mz Pip Feb 2022 #39
The FCC should fine them until they pull it. OneCrazyDiamond Feb 2022 #34
It's not obscene any more than someone saying "fork you" is obscene onenote Feb 2022 #48
Material can still be deemed indecent for FCC purposes even if it uses euphemisms or innuendo. SunSeeker Feb 2022 #57
Doesn't apply to political advertising. onenote Feb 2022 #62
The federal law against indecency applies to all TV and radio broadcasts. SunSeeker Feb 2022 #63
Fundamental law school stuff: onenote Feb 2022 #66
Another law school fundamental: avoid unreasonable results. SunSeeker Feb 2022 #69
That horse has left the barn and is several counties away. mahatmakanejeeves Feb 2022 #75
SNL airs after 11:30 pm, when "indecent" language is more tolerated by the FCC. SunSeeker Feb 2022 #77
It's a guy's name Polybius Feb 2022 #56
It's a euphemism for "F*** Joe Biden." It can and should be disallowed on TV. SunSeeker Feb 2022 #71
That is so low kimbutgar Feb 2022 #36
Well, I guess I missed it. OldBaldy1701E Feb 2022 #41
Didn't see it either Deminpenn Feb 2022 #76
Local not national spot and no censorship allowed onenote Feb 2022 #42
Federal law also prohibits indecent and profane content from being broadcast on the radio or TV. SunSeeker Feb 2022 #51
Doesn't apply to political advertising. onenote Feb 2022 #61
When lawyers tell a judge how long they've been practicing law, they're usually losing the argument. SunSeeker Feb 2022 #64
They won't do anything because they can't onenote Feb 2022 #67
Yes they can. Read the 1984 Luken Memorandum. SunSeeker Feb 2022 #68
Short answer: the Luken Memorandum has no legal effect onenote Feb 2022 #73
The lawyers on the staff at "Saturday Night Live" have found "Let's Go, Brandon" acceptable to air. mahatmakanejeeves Feb 2022 #74
The 1984 Luken Memorandum represents the FCC's well reasoned opinion. SunSeeker Feb 2022 #78
Again, you are mistaken in your assumptions. onenote Feb 2022 #80
The discussion of the legislative history in the Luken Memorandum is not mistaken. SunSeeker Feb 2022 #81
Vote Brandon 2024! Emile Feb 2022 #79

ProfessorGAC

(76,132 posts)
16. Sort Of
Sun Feb 13, 2022, 03:59 PM
Feb 2022

Even political ads have to meet standards.
Since everyone knows that LGB is a euphemism for something far more coarse the network can reject it on those grounds.
Otherwise, you're right. But, it's not "anything goes".

ProfessorGAC

(76,132 posts)
72. Curious
Mon Feb 14, 2022, 09:59 AM
Feb 2022

In the 2018 Gubernatorial race, Rauner had a clearly antisemitic ad against Pritzker.
Nearly all Illinois stations refused to run the ad.

cstanleytech

(28,312 posts)
22. The networks can easily decline to air all political ads during and right after such a major
Sun Feb 13, 2022, 04:30 PM
Feb 2022

sporting event and there is nothing anyone can do as long as they apply it equally to everyone.
So really the only way this type of ad would be aired during an event like the Superbowl was if the network owner wants to air the ads.

onenote

(46,056 posts)
46. The ad was sold by the local station, not the network. And the station can't refuse
Sun Feb 13, 2022, 11:11 PM
Feb 2022

Legally qualified candidates for federal office (including candidates in primary elections) must be given "reasonable access" by local stations. Stations must give federal candidates access to all classes and dayparts of a station (with the limited exception of news programming) and cannot, for example, refuse to sell time to a candidate during a program on which time is sold to commercial advertisers, such as a sports program.

Polybius

(21,631 posts)
53. It's in PA where he's running, anywhere else wouldn't matter anyway
Mon Feb 14, 2022, 12:03 AM
Feb 2022

But it won't help, because Dr. Oz is gonna crush him in their primary.

SunSeeker

(57,885 posts)
31. It's another way of saying F.U. Biden. That is his ONLY meaning in saying that.
Sun Feb 13, 2022, 06:59 PM
Feb 2022

It's utterly juvenile and obvious, and vulgar, but they have folks like you say, "What's vulgar about it?" So right wingers get away with it and they think it's their most clever stunt ever. So they keep doing it. And that is where we are as a country, coming up with ways to get away with saying fuck you to our President on TV.

mahatmakanejeeves

(68,802 posts)
37. So what?
Sun Feb 13, 2022, 08:14 PM
Feb 2022

Do you think that's the worst way anyone has ever treated a president?

From the good old days, when civility ruled the land, 218 years ago:

Sat Sep 17, 2016: He'd say, "they treat politicians with much more respect than when I was alive."

Heeeeeeeere we go:

Thu Mar 1, 2012: Do I have to post this again?

and

Tue Apr-13-10: Born, on April 13, 1743, in Shadwell, Virginia,...

and many other identical posts:

Everytime I read online about the decline in political discourse, I bring out this cartoon. This is how Jefferson was depicted.

I continue to carry a $2 bill at all times in my wallet.

"Congress shall make no law...."

It's No Laughing Matter - Analyzing Political Cartoons

The prairie dog sickened at the sting of the hornet or a diplomatic puppet exhibiting his deceptions



James Akin's earliest-known signed cartoon, "The Prairie Dog" is an anti-Jefferson satire, relating to Jefferson's covert negotiations for the purchase of West Florida from Spain in 1804. Jefferson, as a scrawny dog, is stung by a hornet with Napoleon's head into coughing up "Two Millions" in gold coins, (the secret appropriation Jefferson sought from Congress for the purchase). On the right dances a man (possibly a French diplomat) with orders from French minister Talleyrand in his pocket and maps of East Florida and West Florida in his hand. He says, "A gull for the People."

It's also here:

Thu Apr 13, 2017: Happy birthday, Thomas Jefferson.

He was fortunate enough to live in a time of complete civility in politics, so unlike today.

Tue Aug 13, 2013: They're disrespecting our President!

Let me know when it gets to this level.

Here's a message for everyone who feel politics used to be more civil in the good old days. No, it wasn't. I post this picture every time someone at DU says that politics has hit a new low.

Jefferson was one of the most detested presidents ever. People just loathed him.

Thomas Jefferson - The West
http://www.loc.gov/exhibits/jefferson/jeffwest.html

The prairie dog sickened at the sting of the hornet or a diplomatic puppet exhibiting his deceptions
http://www.loc.gov/pictures/item/2002708977/

You'll get over it.

SunSeeker

(57,885 posts)
44. Of course it's not the worst. But they still shouldn't be saying F.U. Biden on TV.
Sun Feb 13, 2022, 11:10 PM
Feb 2022

The TV stations know what that means. Everyone does, except for you apparently.

You asked how it was vulgar. I told you.

So what if I "get over it"? That has nothing to do with whether or not the TV station should accommodate such vulgar stupidity.

The CA DMV won't let you pick sexual double entendre phrases for personalized license plates, even if the words chosen are not individually themselves vulgar.

CBHagman

(17,455 posts)
82. It's not about whether incivility is new. It's about GOP attempts to control the narrative.
Tue Feb 15, 2022, 11:31 PM
Feb 2022

in the time when the vote was restricted to a few and the media was limited to printed matter, there were no opportunities to send a message or make an impression on millions of people in a few seconds or to spread that message around the country and the planet.

And negative campaigning both in the 20th and 21st centuries has shaped policy on many levels. It's not just incivility. It's a life-or-death matter. We can make a very strong case that thousands died because Lee Atwater and Karl Rove did what they were paid to do.

DENVERPOPS

(13,003 posts)
47. they had to do something
Sun Feb 13, 2022, 11:26 PM
Feb 2022

to counter the incredible half time show.....

I heard that it cost seven million for a thirty second commercial. Who paid for it???????????

It amazes me that the powers to be told eminem not to kneel in respect for Kapernick because it was a political statement, then they would run an ad that was absolutely 100% political.......

Polybius

(21,631 posts)
55. They'll run our ads too if we pay for them
Mon Feb 14, 2022, 12:07 AM
Feb 2022

They are neutral to political ads, we're just cheaper on the Super Bowl. Sad but true.

Polybius

(21,631 posts)
54. Doesn't matter, because it's not banned like F-bombs
Mon Feb 14, 2022, 12:06 AM
Feb 2022

If you can say it on TV, then you can air it in a commercial.

SunSeeker

(57,885 posts)
60. Right wingers always scream "cancel culture" when we object to their racism/sexism/offensiveness.
Mon Feb 14, 2022, 12:23 AM
Feb 2022

I will get over it.

Polybius

(21,631 posts)
65. It's too late to get mad about it
Mon Feb 14, 2022, 12:51 AM
Feb 2022

The ad already aired. Let him beat Dr. Oz in the primary. He's the easier candidate to beat anyway.

Number9Dream

(1,853 posts)
10. Wish you were right, but...
Sun Feb 13, 2022, 03:40 PM
Feb 2022

I've seen a lot of "Let's go Brandon" yard signs, t-shirts, and caps in the Lehigh Valley, PA. McCormick is running more TV ads than even Dr. Oz. I wouldn't be surprised if he wins the Repub primary.

blue neen

(12,465 posts)
30. That's interesting to hear.
Sun Feb 13, 2022, 06:57 PM
Feb 2022

No signs or anything here in western PA. Just constant ads. McCormick, Dr. Oz, someone named McSwain for Governor. Then there's the new one from Jake Corman with some dude playing a rock guitar. I think Corman is running for Governor. He's a total RWNJ.

SunSeeker

(57,885 posts)
33. Yep, it makes the MAGAts giddy to have figured out a way to say F.U. Biden in public.
Sun Feb 13, 2022, 07:14 PM
Feb 2022

I was driving through Kingman, Arizona, on Highway 40 and saw this sign prominently displayed on a dilapidated bar off the highway. You can't even see the name of the bar, but his anti-Biden sign is visible for as far as the eye can see. Obviously the owner thinks it will bring him customers. In Kingman, it probably will.



DENVERPOPS

(13,003 posts)
49. Don't give Bang-Bang Boebert
Sun Feb 13, 2022, 11:32 PM
Feb 2022

any ideas for a sign over her MAGGOT saloon.....

That simplistic ***** ********* ******* ***** makes many of us want to leave the state.......

(**sorry, but my adjectives would perfectly describe her for what she truly is, and I would get my hand slapped)

bucolic_frolic

(54,490 posts)
5. We support the Gazpacho Police
Sun Feb 13, 2022, 03:08 PM
Feb 2022

I think we must counter their nonsense with our own well-targeted political buzz.

Do not think because they spew nonsense that the public won't pay attention and it will go away.

They are trying to push their revolution by unsettling the minds of the public to create outrage.

Don't read their lips, read their strategy.

NCjack

(10,297 posts)
8. If such an ad is played during the game or commentary, I will turn off
Sun Feb 13, 2022, 03:19 PM
Feb 2022

the sound and not watch the screen for all of the remaining ads.

Deuxcents

(26,024 posts)
11. This is a ballgame..
Sun Feb 13, 2022, 03:42 PM
Feb 2022

Can’t we just keep politics out of it? Especially ads like this.. the networks will take anyone’s money at this growing rate per second. Hope the people in his district vote him down.

TheRickles

(3,231 posts)
12. It's probably only running in his local area, during a time slot set aside for cheaper local ads.
Sun Feb 13, 2022, 03:45 PM
Feb 2022

Regular ads that air nationally will run for something like six million dollars(!) for 30 seconds this year, and he's not in that ballpark yet.

livetohike

(24,087 posts)
13. He is already flooding the tv ads here in Western PA.
Sun Feb 13, 2022, 03:46 PM
Feb 2022

I’ll change channels when it comes on during the Super Bowl. He’s laughable in trying so hard to get Trump’s approval.

TheRickles

(3,231 posts)
40. Yes, but some of the segments, like the one just before half time, are for local businesses.
Sun Feb 13, 2022, 10:23 PM
Feb 2022

So each network affiliate shows different ads during those blocks of time. Not many, though.

LogicFirst

(594 posts)
21. The Jim Lamon ad to be run in Arizona is worse.
Sun Feb 13, 2022, 04:17 PM
Feb 2022

Jim Lamon shoots at Senator Mark Kelly (Gabby Gifford’s husband), Joe Biden, and Nancy Pelosi. Check it out on google. It’s criminal.

Deminpenn

(17,335 posts)
23. McCormick has plenty of money
Sun Feb 13, 2022, 04:36 PM
Feb 2022

He was born and grew up I PA, but hasn't lived in the state since. He ran the largest hedge fund in the US and lived in a nice CT estate. He recently moved back to western PA, but no idea if he sold his CT home or not.

He's married to Dina Powell, who worked in the Trump admin. She was there because she supported the tax cuts, deregulation and the other traditional R business-centric economics. One of those Rs who didn't really like Trump, but liked the policies.

Having seen many of his ads, the ones appealing to the Trumpets come off as kind of phony, imho .

onenote

(46,056 posts)
43. Not NBC's decision
Sun Feb 13, 2022, 11:02 PM
Feb 2022

It’s a local ad sold by the local affiliate and the Communications Act bars stations from refusing to carry a candidate’s ad based on its content. 47 USC 315

Indeed, federal law requires local stations to give legally qualified candidates for federal office (including primary candidates) "reasonable access" to ad time. In particular, stations must give federal candidates access to all classes and dayparts of a station (with the limited exception of news programming) and may not impose a flat ban on selling ad time to candidates during high profile programming, such as sporting events if commercial advertising is sold during those events.

Skittles

(170,207 posts)
29. Trump humpers NEVER seem to know 60 soldiers were killed when he was "prez"
Sun Feb 13, 2022, 06:47 PM
Feb 2022

they didn't care about the soldiers at ALL until the end

Mz Pip

(28,382 posts)
39. I point that out
Sun Feb 13, 2022, 10:22 PM
Feb 2022

and get no response. Crickets.

The cult is a lost cause.

I was told I was brainwashed today because I debunked the latest BS that Biden was spending $30 million dollars on crack pipes for Black people.

I would laugh if it weren’t so pathetic.

SunSeeker

(57,885 posts)
63. The federal law against indecency applies to all TV and radio broadcasts.
Mon Feb 14, 2022, 12:36 AM
Feb 2022

Last edited Tue Feb 15, 2022, 03:20 PM - Edit history (1)

Your blog is not a better nor more specific summary of the law.
It doesn't discuss the statutory nor case law, it just restates your opinion. But, the graphics are impressive.

onenote

(46,056 posts)
66. Fundamental law school stuff:
Mon Feb 14, 2022, 12:54 AM
Feb 2022

A specific statutory provision governs over a general statutory provision. Thus, the general prohibition on a broadcaster transmitting obscene, indecent or profane content, gives way in the face of the specific statutory provision barring a broadcaster from engaging in censorship with resect to political advertising by a legally qualified federal candidate.

And, if the blog (which I didn't write by the way, but was written by one of the leading broadcast law practitioners) didn't convince you, here are the words of the FCC:

See In Re Complaint by Julian Bond, 69 F.C.C.2d 943 (1978) ("Finally, even if the Commission were to find the word 'nigger' to be 'obscene' or 'indecent,' in light of Section 315 we may not prevent a candidate from utilizing that word during his 'use' of a licensee's broadcast facilities." Id. at 944); see also In re Commission Policy in Enforcing Section 312(a)(7) of the Communications Act, Report and Order, 68 F.C.C.2d 1079, para. 25 (1978) ("All stations are forbidden by Section 315 of the Communications Act from censoring any uses of a broadcast station by a legally qualified candidate for public office and may not dictate the content or format of any non-exempt appearance of such candidate."

mahatmakanejeeves

(68,802 posts)
75. That horse has left the barn and is several counties away.
Mon Feb 14, 2022, 01:15 PM
Feb 2022

The lawyers on the staff at "Saturday Night Live" have found "Let's Go, Brandon" acceptable to air.

{edited: the sketch was cut for time, but other than that, it could have aired.}

I expect I could also find a whole bunch of examples from the various networks' morning and evening news broadcasts.

Full disclosure: IANAL.



SunSeeker

(57,885 posts)
77. SNL airs after 11:30 pm, when "indecent" language is more tolerated by the FCC.
Tue Feb 15, 2022, 12:23 AM
Feb 2022

Pacifica got in trouble because they aired the "7 filthy words" in the afternoon, when children may be watching. Fuck is one of George Carlin's "7 filthy words" the U.S. Supreme Court explicitly found to be indecent. (FCC v. Pacifica Foundation (1978) 438 U.S. at 750.) Euphemisms for indecent material is similarly restricted.

Infinity Broadcasting company aired a live description, albeit with “oblique references and innuendo,” of two people having sex in St. Patrick’s Cathedral during the day and were hit with a $357,500 indecency fine by the FCC.
https://en.m.wikipedia.org/wiki/Opie_and_Anthony

Happy Valentine's Day, Mahatmakanejeeves.

SunSeeker

(57,885 posts)
71. It's a euphemism for "F*** Joe Biden." It can and should be disallowed on TV.
Mon Feb 14, 2022, 03:16 AM
Feb 2022

Last edited Mon Feb 14, 2022, 04:19 AM - Edit history (2)

See my post 68.
https://www.democraticunderground.com/?com=view_post&forum=1014&pid=2869688

Fuck is one of George Carlin's "7 filthy words" the U.S. Supreme Court explicitly found to be indecent. (FCC v. Pacifica Foundation (1978) 438 U.S. at 750.)

Infinity Broadcasting company aired a live description, albeit with “oblique references and innuendo,” of two people having sex in St. Patrick’s Cathedral and were hit with a $357,500 indecency fine by the FCC.

Infinity Broadcasting was issued the fine after two of their radio hosts on the Opie & Anthony program on WNEW-FM dared listeners to have sex in the cathedral in August of 2002.

The FCC also issued $27,500 fines to 12 other Infinity stations that aired the broadcast, the maximum allowed under federal regulations.

https://en.m.wikipedia.org/wiki/Opie_and_Anthony

OldBaldy1701E

(10,638 posts)
41. Well, I guess I missed it.
Sun Feb 13, 2022, 10:37 PM
Feb 2022

I did not see an ad that had anyone chanting that stupid phrase. Maybe they did not show it here?

onenote

(46,056 posts)
42. Local not national spot and no censorship allowed
Sun Feb 13, 2022, 11:00 PM
Feb 2022

47 USC Section 315

“That such licensee shall have no power of censorship over the material broadcast under the provisions of this section.”

Stations must give legally qualified candidates "reasonable access" to ad time. In particular, stations must give federal candidates access to all classes and dayparts of a station and may not refuse to sell time on high profile events, such as sporting events, if commercial advertisers can buy time during those periods.

So broadcasters' hands are tied in this sort of situation.

SunSeeker

(57,885 posts)
64. When lawyers tell a judge how long they've been practicing law, they're usually losing the argument.
Mon Feb 14, 2022, 12:46 AM
Feb 2022

Last edited Mon Feb 14, 2022, 04:47 AM - Edit history (1)

Let's Go Brandon is indecent. It stands for Fuck Joe Biden.

Material can still be, and has been, deemed indecent for FCC purposes even if it uses euphemisms or innuendo, as discussed at this link: https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:16789f20-0781-3d2d-9ce8-305e1a89f0a0


The real question is will the current FCC do anything about it. I think we can all agree they won't do jack shit. They only seem to care about accidentally exposed nipple pasties.

onenote

(46,056 posts)
67. They won't do anything because they can't
Mon Feb 14, 2022, 01:03 AM
Feb 2022

See In Re Complaint by Julian Bond, 69 F.C.C.2d 943 (1978) ("Finally, even if the Commission were to find the word 'nigger' to be 'obscene' or 'indecent,' in light of Section 315 we may not prevent a candidate from utilizing that word during his 'use' of a licensee's broadcast facilities." Id. at 944); see also In re Commission Policy in Enforcing Section 312(a)(7) of the Communications Act, Report and Order, 68 F.C.C.2d 1079, para. 25 (1978) ("All stations are forbidden by Section 315 of the Communications Act from censoring any uses of a broadcast station by a legally qualified candidate for public office and may not dictate the content or format of any non-exempt appearance of such candidate."

SunSeeker

(57,885 posts)
68. Yes they can. Read the 1984 Luken Memorandum.
Mon Feb 14, 2022, 02:50 AM
Feb 2022

Your 1978 FCC administrative opinions predate the FCC's Luken Memorandum, and are from an era when the racist, sexist FCC ruled the n-word was not obscene, and thus racist candidates could readily use it in their advertisements. Times change.

In 1984, Congressman Thomas A. Luken raised the potential statutory conflict between section 1464 and section 315. Specifically, Luken requested a ruling advising what the legal duties of broadcast licensees were when a political candidate, pursuant to her section 312(a)(7) and 315 rights, requested air time for an advertisement containing either obscene or indecent material. In a memorandum drafted in response, then-FCC Chairman Mark Fowler analyzed both the legislative history of section 315 and the canons of statutory construction. The Chairman first concluded, based on a reading of the legislative history of section 315, that Congress did not intend the section to confer immunity on candidates for federal office from obscenity or indecency laws. (See page 4, Memorandum to Letter from Mark Fowler, Chairman, FCC, to Hon. Thomas A. Luken, U.S. House of Representative (Jan. 19, 1984) ["Luken Memorandum"], on file with Commlaw Conspectus.) This was supported by the deletion from the original bill of an amendment which relieved licensees from liability for any uncensored material that violated criminal laws. (Id. at 3-4.)

Second, Chairman Fowler concluded that the canons of statutory construction supported the determination that section 315 should not be interpreted to supersede section 1464. To do so, the Chairman stated, would render an unreasonable result, i.e., granting an exemption from the federal Criminal Code to broadcasters and political candidates under section 315 for content, which by definition, lacked serious political value. (Id. at 5-6.) In determining that section 315 did not grant immunity from the provisions of section 1464, the FCC stressed that "the exclusion of obscene or indecent speech does not violate Section 315's purpose of fostering political debate. The spirit of Section 315 is uncompromised by reading Section 1464 as an exception to Section 315's no-censorship provision." (Id. at 6.)

onenote

(46,056 posts)
73. Short answer: the Luken Memorandum has no legal effect
Mon Feb 14, 2022, 10:04 AM
Feb 2022

Last edited Tue Feb 15, 2022, 08:29 PM - Edit history (1)

It was a letter from the then Chairman of the FCC to a member of Congress offering the Chairman's opinion of the relationship between Section 315 and Section 1464.the law. But it wasn't signed onto by any other members of the FCC let alone a majority and in the intervening 38 years it has never been cited or followed by the FCC or any court. If in fact there is a case where the FCC has sought to enforce Section 1464 against a political advertisement from a legally qualified federal candidate, I'm sure you will point it out.

In the meanwhile, when i have a chance, I'll post a review of some of the decisions that the FCC and courts have issued in the intervening years -- decisions which call into question not only whether Section 1464 overrides Section 315 but also the notion that "Let's Go Brandon" would ever be found to be "indecent" under the FCC's rules and decisions.

mahatmakanejeeves

(68,802 posts)
74. The lawyers on the staff at "Saturday Night Live" have found "Let's Go, Brandon" acceptable to air.
Mon Feb 14, 2022, 10:54 AM
Feb 2022

Last edited Mon Feb 14, 2022, 01:19 PM - Edit history (1)

I expect I could also find a whole bunch of examples from the various networks' morning and evening news broadcasts.

{edited: the sketch was cut for time, but other than that, it could have aired.}

Full disclosure: IANAL.

SunSeeker

(57,885 posts)
78. The 1984 Luken Memorandum represents the FCC's well reasoned opinion.
Tue Feb 15, 2022, 03:25 AM
Feb 2022

The Chairman of the FCC speaks for the FCC. And what he said regarding the legislative history is persuasive and correct, and was obviously prepared by FCC attorneys. The Luken Memorandum has been cited in numerous law review articles (that's how I found it). How many cases or law review articles have cited your 1978 admin opinions? There is not much recent case law on the subject, mostly because using F-bombs or profanity in a political ad was not done because it would harm the candidate...at least that was the case before MAGAts lowered the bar on what was acceptable for political discourse on the airwaves.

But as I said above, I don't think today's FCC will do anything about Let's Go Brandon, anymore than it does anything about the F-bombs we now frequently hear on TV. It can do something, but it won't. The FCC is much more concerned with exposed genitals on TV.

So, all we can really do at this point is throw out counter memes.



onenote

(46,056 posts)
80. Again, you are mistaken in your assumptions.
Tue Feb 15, 2022, 08:27 AM
Feb 2022

Letters sent by the Chairman of the FCC in response to a letter from a member of Congress do not represent the "considered opinion" of the FCC. Indeed, the other members of the FCC do not see those letters in advance and have no input whatever into their content. Fowler's letter to Rep. Luken no more "speaks" for the entire Commission than Luken's letter spoke for the entire Congress.s

Yes, the letter was written with assistance of FCC lawyers. Likely those who were members of Fowler's staff. But even if it was written by the General Counsel's office (and I speak aas someone who has been an FCC attorney), I can assure you that those lawyers were directed to come up with an argument that supported the Chairman's position. In case you didn't know it, the General Counsel of the FCC is appointed by the Chairman of the FCC.

As for the letter being cited by law review articles, weren't you the one who pooh-poohed blog posts written by experts in the field? The law review articles that cite the Luken letter acknowledge its existence, but they can't characterize it as representing the official, considered, official, binding position of the FCC nor do they uniformly endorse the position taken in the Luken memorandum (despite your conclusion that it was "persuasive." )The Chairman was speaking for himself. Period.

Finally, the courts, including the Supreme Court, have recognized the role played by both Section 312 ("reasonable access&quot and 315 (no censorship) play in protecting political discourse from FCC regulation (including, for example, finding that the FCC not only may not give a broadcaster the discretion to refuse to broadcast libelous or offensive political ads (including ads graphically depicting aborted fetuses that are conceded be harmful to children), but also may not even require a broadcaster to channel political ads to a less desirable time period where the audience for the ads would be limited.)

SunSeeker

(57,885 posts)
81. The discussion of the legislative history in the Luken Memorandum is not mistaken.
Tue Feb 15, 2022, 03:05 PM
Feb 2022

A blog post is not on par with a published law review article. Your reference to the aborted fetus ad cases is not on point. Aborted fetus ads have been found to not fall within the definition of obscenity. In America, gore is fine for TV, even if it hurts kids. It is women's nipples that we protect kids from seeing on TV. Well-reasoned law review articles have concluded that section 1464 of the Federal Criminal Code supercedes the Federal Communication Act's no censorship provisions. I agree with them. You obviously don't. I can live with that.

Latest Discussions»Latest Breaking News»GOP Senate candidate to r...