FCC complaint is at the center of ABC's and Adam Lambert's woes [Updated]

Adam Lambert's urging to fans not to be upset with ABC for canceling his upcoming appearance on "Jimmy Kimmel Live" is making more sense today. On his Twitter page Wednesday night, Lambert explained "It's the FCC heat," a statement that ABC has declined to address.

The "FCC heat" comes from a complaint filed by Liberty Counsel on Nov. 24 against ABC, demanding that the network pay a financial penalty "for airing such an outrageously lewd and filthy performance during a show and time period that is targeted for family audiences."

In the complaint, Liberty contends that Lambert's Nov. 22 performance was both obscene and indecent and urges that the FCC take action against ABC. Liberty Counsel is a nonprofit public interest law firm that is closely tied to the late Rev. Jerry Falwell's Liberty University and provides legal assistance in defense of "Christian religious liberty, the sanctity of human life and the traditional family."

Although ABC did receive about 1,500 complaints from viewers about Lambert's highly sexualized performance, dozens of Lambert fans have been complaining about ABC's decision to cancel Lambert's "Good Morning America" interview and now the "Kimmel" performance. Many of those critics say Lambert is being targeted because he is a gay male, as Janet Jackson, who opened the American Music Awards, grabbed the crotch of a male dancer and went unscathed by critics.

The director of cultural affairs for Liberty Counsel told The Times today that his firm was not aware of Jackson's performance.

"The issue is not so much about homosexuality, although I believe the preponderance of Americans find public hyper-sexualized acts of homosexuality particularly off-putting," Matt Barber said. "But the issue was more of indecency and what is decency. And frankly the issue is one of law. We believe this performance met the threshold for violation of federal law and violation of FCC regulations. And the Supreme Court has held time and again that there’s not a First Amendment right to engage in public indecency as evidenced by the outcry and complaints that poured into ABC. We believe that this violated contemporary community standards in terms of what is and what isn’t decent."

But "Kimmel" airs well after 10 p.m., the cut-off time the FCC has set for when indecent material cannot be broadcast. Lambert's AMA appearance occurred at 10:55 p.m. [Updated at 12:51 p.m.: It was edited for the West Coast, but the timing could be an issue in the Central Time Zone, which would have seen it at 9:55 p.m.]

"I would say this is inappropriate period," Barber said. "This is not HBO or some of these cable networks where that type of indecency and filth has come to be expected. This is television where people just flipping through channels could have stumbled onto that. People unaware of what’s coming down the pike in terms of the indecency being performed. And it’s just really, frankly, not appropriate for network television, period, to mimic one man performing oral sex on another man."

ABC executives declined to be interviewed and issued a statement that didn't explain why the network continues to disinvite Lambert from his scheduled appearances: "We decided not to move forward with the booking at this time." Lambert's publicist on Thursday declined a request for an interview with the artist but said, "We respect what [ABC] says."

ABC also canceled Lambert's appearance on "Good Morning America" last week, saying the network was concerned he would give another controversial performance "so early in the morning." During an interview on "The Early Show" on CBS, Lambert conceded the adrenaline got the best of him on stage and the acts in question were not featured in his rehearsals.

Lambert will still appear on ABC's Barbara Walters' "The 10 Most Fascinating People of 2009" on Dec. 9 at 10 p.m. presumably because there is no live performance involved.

-- Maria Elena Fernandez

Photo: Lambert at the AMAs; Credit: Getty Images

Related:

CBS responds to blurring Lambert's image

Lambert's album benefits from controversy

Comments

[Star]

Amazing that Dancing With the Stars broadcast in prime time can show the male dancer holding the female's head and thrusting her head to his groin...repeatedly. This was done during the middle of the dance number and again at the end. Their expressions certainly showed sexual gratification. Frankly, their actions and displayed emotions were much more graphic than anything Adam Lambert did. So now, it's OK for heterosexual couple to simulate almost anything in prime time including crouch grabbing themselves and other...as long as it's the opposite sex. But it's not OK for Adam to display his sexuality. Does the Civil Rights Act cover sexual discrimination? Humm, I think it does!! And does it apply to ABC or FCC actions? Hummm...I think it does (well maybe not FCC but certainly ABC). Adam, get youself an attorney and sue. There are plenty of supportive videos out there. This just isn't right.

[Barbara Schneier]

I find the Liberty Counsel violates contemporary community standards in terms of what is and what isn’t decent. These people are hatemongers and I am so tired of them trying to tell us what is decent and what is not. They are also liars when they say it is not so much about homosexuality. It definitely is about that. They did not know about Janet Jackson's grabbing crotch performance because that was not indecent to these people, only Adam Lambert's performance was. They were not outraged by a white male rapping about 17 rapes and did not think that was indecent because it was about violence, which they can live with. This is just such a farce. After I saw the performance of Pink in 2004, which was the same as Adam's I really got angry. Yes she was censored, but where was the outrage that went on for days and had her banned by a TV station and where was the Liberty Counsel. No, this is definitely about homophobia, and nothing more.

[Cousin Kimo]

ABC has the right to allow who ever they want on their network. Lambert is a up and coming nobody who is just full of himself. Maybe this will put him in his place. Just because you are on some "reality"show like American Idol doesn't mean you are in the ranks of true professionals like Madonna or Britney Spears or Cristine Agullaria as when they did their TV kiss. Lambert was given a great career opportunity and he decided to make it a train wreck. So stand up be a man and take your punishment. Maybe if he is quiet for a while and can control himself he will be redeemed. Otherwise I here theres a great little bar looking for a singer over near LAX!

[J.]

This isn't about homophobia?

Tnis is NOTHING BUT homophobia!

How can they act against Adam Lambert and pretend they "didn't see" Janet Jackson grabbing her dancer's crotch at the beginning of the show (at a time where more children are likely to be still awake and watching this)???

Why aren't Rhianna and Lady GaGa and Shakira fined who danced around on stage almost naked and grated their barely-hidden crotches into the cameras?

Adam Lambert commited a "violation of federal law"???
Have they all lost their minds???

Why is nobody taking action against such blatant acts of hatred and homophobia? Where are the civil rights groups when you really need them?

I am ashamed of this country right now

[bambam]

so it ofends someone's religion? i am not a fan of lambert and his performance was so NOT risque -- he wouldn't have passed muster for being provocative 40 years ago...

still, the professional victims involved have framed this as a religious issue. why do they always have to do that? to play devil's advocate, there are many ways to frame this as an indecency incident, even at 11 pm, that would not involve religion.

this is just one more thing for them to whine about. they don't want to stamp out indecency, protect families, the constitution, the baby jesus, children, nor protect any sort of way of life. they just want to bitch bitch bitch and whine whine whine.

god, republicans, you're as banal and stupid and predictable as glambert's performance. as for pushing boundaries, glambert's blip on the radar is nothing more threatening than disney accidentally putting eye shadow on a boy clone than a girl clone. get real if you want to push boundaries, and get real if you want to "defend" the boundaries or push back against them.

this nation is for the most part, retarded. yes, in the un pc mentally deficient sense of the term.

[Skeptic]

I hope Adam learned his lesson. He didn't need to stoop to the level he lowered himself to. Sure other performers comitted lewd acts on the show but that's no excuse. People jump off bridges, would he follow them too?
He's an exciting talent to come on the music scene and need to get back on the horse and start promoting his music.

[Tearingmyhairout]

So the director of cultural affairs for Liberty Counsel claims they were unaware of Janet Jackson's performance?? That must mean they're unaware of Shakira's,Rihanna's,Lady Gaga's and Eminem's performances as well. Maybe they should be forced to watch the early evening telecasted (kiddies are still awake time) air-humping,gun-toting,whiskey bottle-breaking,and lyric rap-raping performances by the above mentioned. Would it change their stance?? I doubt it! It's obvious that they do not approve of two males kissing (at least on the AMAs anyway---apparently primetime (and some daytime) ABC shows that are 'envelope pushing' are not being scrutinized with the same magnifying glass. That or the L.C. members like a little 'dirty' from time-to-time)

Oh, and Maria Elena: Adams fans have responded in the hundreds,not the dozens as you put it!! Many people who are admitted non-fans have also responded in his defence,citing that the bans and ABC have gone too far!!

[Josh]

I recall writing to the FCC during the Bush years to report that Pat Robertson had appeared on his 700 Club show (broadcast on Network television) during the day to advocate having heads of state killed. Not surprisingly, I never heard a word from the FCC about my report that a TV evangelist threatened someone with death and regularly engages in hate-speech. Yet these pseudo-christianists get their undies in a bunch about someone kissing another person of the same sex. What perversion! Think of the children! Really, it's all entertainment; TV is just really bad entertainment.

[Tina]

I've also written a politely worded letter to the FCC supporting Adam and refuting, point-by-point, the complaints made in Liberty Counsel's formal filing. These new cancelleations clearly reflect homophobia on ABC's part, as the FCC has no control over broadcasts outside the "safe harbor" of 10 pm to 6 am. I also pointed out to the FCC that Liberty Counsel does not represent the millions of viewers that night who watched the show and had NO fanatical objection to the performance, and that based on the wording in their filing, they clearly have an anti-gay agenda at work in their complaint. The fact that they were "unaware" of Janet Jackson's performance most likely means that their members saw it and were completely oblivious to her crotch-grab on a male performer because they've become habituated to seeing female artists performing in a sexually suggestive manner.

[Shelly]

Is this idiot for real? Who the hell is he to determine what values are proper for my family? Who is he to push Christian values on all the others in this country who are not Christians... Guess what I do live in the central time zone and the performance aired at about 3 minutes till 11pm.. my kids were in bed where they belonged but even if they hadnt been I doubt they would have been scarred. As for that idiot Barber saying blatant homosexuality is off putting I find his type of small minded morality where he feels that he has the right to push his beliefs off on others and control what we see and do much more off putting... Does this fool have an email address? I would love to let him know what I think of him and his organized group of haters.. maybe they should all move to one of those countries where they get to force others to believe and act as they do... or maybe he should just get a lesson on how to work a remote control and change the channel if he (or his minions) dont like what is on.. Why not allow the rest of us to be the gaurdian of what we and our children see.

[ThomasDoubtman]

"Although ABC did receive about 1,500 complaints from viewers..., dozens of Lambert fans have been complaining about ABC's decision to cancel Lambert's "Good Morning America" interview"

um.. that was 1,500 calls out of 14 million homes viewing the AMA's...

DOZENS of fans is a gross understatement. Over 3,000 tweets per hour for approximately 20 hours were made under #shameonyouABC.

[scott ruskanen...]

There is a reason our forefathers demanded freedom of the press. They knew an empowered govenrment would try to sensor the media. The federal government is expressly forbidden to interfere with the workings of our free speech based media.
By imposing this fine upon ABC, they are in direct violation of United States Constitutional Law. I urge all citizens to view the truth. Google Continental Congress 2009, It is time for Americans to stand up for what is right! Equal rights for all. No wonder we have image promblems in the world. Their watching us throw away the best hope for mankind.

[Adam is Gross]

Adam deserves all of the backlash that he gets. It was only his true self that came out at the AMA. He was given a once in a lifetime opportunity and that is the side of himself that he wanted to show America. He was lewd, crude and disrespectful. I no longer want to see him on any TV appearances and support the currently cancelations.

[tj]

Support Adam Lambert. Join the facebook group "Boycott ABC until the Adam Lambert Ban is Lifted."
http://www.facebook.com/group.php?v=wall&gid=206943891778#/group.php?gid=184007987035&ref=mf

[Jill]

Here's an idea: Oprah comes to many of us on ABC affiliates. Email her show and let them know why you won't be watching her show until ABC comes to its senses. I hear she has a little bit of power.

[Ramon]

To everyone: Please keep your stupid sexual acts in the privacy of your home. I threw up when I saw the movie Broke Back Mountain, but I deserved that, for being a stupid curious george. But to see it on Prime time TV? Give me a break, these gay actors need to get a room and perform this stuff with themselfs or make your own gay channel to show this trash! Sorry, I have to run, I'm gonna throw up again, I just had a flashback of that ohhhhh.

[Bruce]

The Liberty Councel should be shut down for their bigoted ways. In their complaint they called discribed "a lewd act of an Open-Mouthed Homosexual Kiss". I didn't know if I had read that right and had to read it again. "A Homosexual kiss". Wow, forget about little suzy listening to Eminim rap about raping 17 woman. Forget about little Suzy watching Rhianna dance with automatic weapons. HEAVENS!!! Little Suzy is going to be scarred for life!! Little Suzy saw a Homosexual Kiss!!! Run, hide, lock the doors take out the automatic weapons!!

[Chance]

It is bull crap. ABC is discriminating against this performer. Why is it only the man pretending to be having sex with a man a problem? "I would say this is inappropriate period," Barber said. "This is not HBO or some of these cable networks where that type of indecency and filth has come to be expected. This is television where people just flipping through channels could have stumbled onto that. People unaware of what’s coming down the pike in terms of the indecency being performed. And it’s just really, frankly, not appropriate for network television, period, to mimic one man performing oral sex on another man."
So when Pink had her dancer go down on her on live tv it was okay because it was a guy doing a girl?
Double standards ABC.

[ada]

So a bunch of zealots are saying “jump” and everyone is jumping…, including the goverement and the major network.Just great…

[agrimesy]

It's time for right wing fundamentalist groups to toss their Pilgrim hats! Thus far every "immoral" act between consenting adults has become mainstream entertainment in our modern America. Male homosexuality is simply the last frontier. That makes Adam a pioneer! (I'd love to see him in buckskin, but I digress.) This latest complaint by the Liberty Counsel is simply the desperate gasp of dying conservatism. Ours is an open-minded, liberal, and truly free world. I thought once rap lyrics became passe, our country had gotten beyond artistic censorship. Turns out gay sex is more offensive than rape and murder. If Adam Lambert accomplishes nothing else but illuminating that ugly prejudice, he will have served our culture well. I happen to listen to his music, though, and I can tell you with absolute certainty, Adam Lambert's voice will bring even more joy as an instrument than as an agenda. Let's get back to the music.