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Free-speech advocates find Lieberman's record a mixed bag

By Jean Patman
The Freedom Forum Online

08.10.00

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Sen. Joseph Lieberman

Vice President Al Gore's choice of a running mate is raising some First Amendment warning flags with free-speech advocates.

Sen. Joseph Lieberman, a Connecticut Democrat, has strongly campaigned against sex and violence on television and in video games and is the co-author of current federal legislation seeking to label all entertainment violence.

First Amendment advocates seem somewhat concerned.

Joan Bertin, executive director of the National Coalition Against Censorship, told the Freedom Forum Online yesterday that Lieberman's selection was "good news and bad news."

"Certainly he would appear to be preferable to anyone on the Republican ticket," she said. "And we're pleased he has supported public funding for the National Endowment for the Arts and opposed flag-desecration (legislation) in the past, both important First Amendment issues."

On the other hand, she added, "We hope he would be responsive to a discussion about the important First Amendment implications of some of his positions on efforts to regulate the entertainment industry, which we've opposed."

On the Wired News Web site, Declan McCullagh was more direct in listing some of Lieberman's past actions.

"There's no question that Senator Joseph Lieberman is a traditional liberal on many issues: He's pro-choice, loves gun control, and opposes Social Security privatization," McCullagh wrote. "But when it comes to demanding federal action against sex and violence in video games and on TV, Al Gore's new running mate is as strident as the most right-wing Republican."

And on Aug. 8, the day Lieberman's selection was officially announced by Gore, the Radio-Television News Directors Association posted for the first time a 2-year-old exchange of letters with Lieberman and author William Bennett over TV news coverage.

Bennett and Lieberman's letter, which was triggered by a 1998 CBS "60 Minutes" interview with Dr. Jack Kevorkian, said, "The television news industry, rather than enlightening the populace and informing our public discourse, is now too often darkening our culture, fouling our public discourse, and ultimately contributing to the 'anything-goes' mentality that pervades our society."

It also called on RTNDA to endorse "the resurrection of a voluntary code of conduct for the television industry."

RTNDA Executive Director Barbara Cochran, while stressing that her organization represents journalists and therefore takes no sides on political issues, said the letter and her response to it were posted now "because we thought our membership would be interested in it."

The exchange itself, she recalled, "was a great opportunity to let them know that most people in TV news operate by standards and take their responsibilities seriously."

Lieberman is the co-author, with Arizona Republican Sen. John McCain, of the Media Violence Labeling Act, which they introduced in May. The legislation aims for a single standardized rating system, to be approved by the Federal Trade Commission, for violence in all entertainment, including music, movies, videos and computer games.

Also in May, Lieberman was one of nine senators urging some of the country's largest discount chains to pull violent video games off their shelves or prevent their sale to anyone younger than 17.

"No single policy, governmental or corporation will eliminate the serious threat of violence or prevent another Columbine from happening," the senators wrote in a letter to top executives at Target, Best Buy, Circuit City and Kmart. "But we have an obligation to do whatever we can to reduce the risks, and we are convinced that shielding our children from the hailstorm of cultural messages and images that glorify and legitimize violence will do just that."

On CNN's "Larry King Live" show Aug. 8, Lieberman again explained his intent:

"I watched some stuff that my youngest, my daughter Hana, was watching when she was five, and I hated the message it was sending her about violence, and about sex, and about respect and civility," he explained, according to a transcript of the show.

"So what we have done is reach out and call out to folks in Hollywood, and the record industry, the video game industry, television, and say exercise some self-restraint," he added.

He also said that Tipper Gore, who led congressional wives in a highly controversial fight 15 years ago which culminated in voluntary record labeling, "is going to be great partner in this effort."

And he added that he believes "with a fierce devotion in the First Amendment."

But in July 1999, he joined with four other senators and Bennett in an "Appeal to Hollywood" for a voluntary code of conduct. At the same time, he told a Capitol Hill news conference that the content of a TV station's programming should help determine whether its federal license is renewed.

Then, in September 1999, Lieberman and Bennett singled out some of Fox television's new fall shows, including "Malcolm in the Middle" and "Get Real," and gave the network a "Silver Sewer" award. In a letter to News Corp. Chairman Rupert Murdoch, they asked him to use his influence to improve the network's programming.

In June 1998, after a Senate committee heard testimony from a teacher that violent rap music may have played a part in the Jonesboro, Ark., school shootings that left four students and one teacher dead, Lieberman said the Recording Industry Association of America needed to re-evaluate its labeling system and should consider providing specific lyrics to help consumers judge the contents of songs.

"Ultimately, my hope is that we can convince the nation's major corporate producers and distributors — Sony, Seagram, EMI, Time Warner — to draw some lines and to stop profiting from music that is so repulsive that no newspaper in America would reprint the lyrics," he said at the time.

Lieberman's stance on First Amendment issues may have brought him both backers and foes. But it has won him at least one award.

In April 1998, the Virginia-based Thomas Jefferson Center for the Protection of Free Expression gave him one of their Jefferson Muzzles, an award presented to those who show insensitivity to First Amendment principles.

Lieberman and McCain won it for "threatening NBC and other television programmers with legislation that would require them to broadcast 'voluntary' content-rating codes."

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