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

[Soozin]

I hope the FCC puts this homophobic group in their place and lets them know they are completely and totally wrong. Adam Lambert did nothing that female artists haven't been doing on stage and on TV for years and the fact that the idiots bringing the charges against him aren't even AWARE of Janet Jackson's groping of a male dancer that happened in the opening of the show just proves that the only thing they really find indecent and obscene is the fact that Adam Lambert is gay. I guess they also missed the Mambo Marathon that aired on Dancing With the Stars where a male dancer had his female dance partner simulating oral sex on him, also on ABC and way before the 10pm hour. I'm sick of reading that 1,500 complaints "poured into ABC" following the show - out of 14.2 MILLION viewers 1,500 elected to complain. They've probably gotten at least 10 times that many complaints about their treatment of Adam SINCE then. This is America and our national anthem claims it is the land of the free and home of the brave - well Adam is being the brave one considering his freedom is being infringed upon solely because he dares to be openly gay. He already doesn't have the same rights as the rest of us and now only HE is singled out for "indecency and obscenity" on the AMA's. If the FCC goes forward with fining ABC based only on Adam's performance then we as a nation have taken a HUGE step back about 50 years or more.

[ravengirl]

DOZENS of Lambert fans? Try thousands of Lambert fans from across the globe in all age groups and demographics.
And who is this sanctimonious jerkwad Matt Barber? How dare he and his prissy organization decide for me what is and isn't decent. Thanks, but no thanks.

[Maggie Q]

I am going to ask Oprah to have Adam Lambert on as her last aired guest. She is a woman who takes stands to oppose oppression. Let her help Adam.

[olivia]

OK, I definitely believe that Adam's performance was way to over the top for TV and there should be consequences for what he did. But this Barber guy is definitely not an open minded guy. He SHOULD NOT be stating his personal opinion on the subject and he does. That's just really unprofessional. This matter should be considered in an objective matter. His personal opinion on homosexuality has nothing to do with the way this situation should be handled.

[Karla]

Having Googled the Anti-Liberty Counsel's complaint, it is more than clear to me and anyone who is literate, that their issue is solely with homosexuality and their statements that they were unaware of Janet Jackson's crotch grab prove that point even further (as well as making me wonder if any of them even saw the program). It sickens me that ABC is kowtowing to the people who espouse hatred and who would gladly take away our liberties. They could choose the high road and stand up for freedom of expression and resist such encroachments but instead are proving themselves nothing more than a bunch of spineless wimps eager to sell their souls.

I also find ABC hypocritical in the EXTREME given the simulated fellatio on Cougartown, the unending raunchiness of Two and a Half Men, and the often overtly-sexual dancing on DWTS -- again it is apparently okeydokey for heterosexual couples to be overtly sexual on ABC, but not for homosexual couples. THAT is homophobia.

And where is the Liberty Counsel on those primetime moments? I guess they haven't seen those either.

[Sara]

"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."

The Kimmel performance is not live either. It is pre taped. So why cancel it?

[katia04]

okay guys, don't be too quick to write Jimmy Kimmell off. Access Hollywood just reported that his show fought corporate hard all week to keep Adam in their lineup, but corporate eventually shut them down and said the matter was "bigger" than just his show. Apparently they still want Adam to visit as soon as this whole fiasco dies down.

[Kassandra]

That's why AMERICA IS SO SCREWED UP PEOPLE like this STUPID reverance. Who made you GODLY? Jesus will not even punished Lambert with suchs a things. Let's start with the disturbing News that ABC air everyday? Huh? Is that too violent or what? Internet for example is NOT a place to surf. ONE performance making head line and ruining someone else career. Cuz REVERANCE are hateful for sexuality is what is this thing all about. Probably he is anti JEW also, everyone now know that Adam is a Jew. Perhaps this reverance is not truly a Godly persona, but he is actually an ANTI- CHrist?
Human makes mistakes, Adam learn his lessons. Besides, before even Adam performs this type of so called indecent performance, There are others that performs WORSE than him, where is this REverence to complaints. Let's face it cuz of Adam orientations that's all there is to it. Besides Adam is not promoting his sexuality. That's why a lot of people are turning Against religion NOW cuz of the Hypocrosy involves. I am a Christian but I know what is bad for me and what is good for me. I believe Christ is our Lord and Savior. But I will not join the hyppocrisy of the others to be Gay haters. It stated on the Bible God doesn't like homo, but what we need to do is pray for Adam that he will change his image and someday to find his real sexuality as a MAN not a HOMO. After all he is not totally a HOMO, there is still Hope for Adam, Good Christianity doesn't ruin other people lives, they should help them, not throw a ROCK at them embrace what they think it's good for them but yet at the same time give them lecture that this is not what they really want in their lives. Do NOT single them out cuz of their sexuality. God LOVE all of his Children and we are here to make sure they are being thought the right way which is tell them that this is not the answer of what they are looking for. The more people pray for all this Homo, they eventually going to recover from that.
It is not fault that they are like that, it is embarassing to admit that they are HOMO especially publicly. But we need to teach them that this is not the answer. I don't like those Reverance that is on the Network now that they are having their own show. They only want their guess is nothing but a so called Christian. Why invite the Non Christian and start talking to them and probably understand why they choice to be like that. Don't embaras them, but maybe these HOMO have doubts in their mind too.
I don't agree about their sex changed and marriage. They do not need to be on that level. But whose fault is that? POLITICS, they keep saying that they have rights to be married too and promotes that. But admiring someone with their Talents isn't a crime. I think Adam is testing the water now he knows... So, would he do that again of course NOT. Would he change Yes of course. He probably be a real man if his career goes down the drain.
Punishing him like what this reverance is doing is not right. Again that reverance is full of it, one of the comment is right That reverance is the one that is going to HELL, I feel sorry for people that are going to listen to his sermon.
AGain there are other Artists that are WORST than Adam Lambert and they did not get any punishment. Adam's case is mild compare to the others. I think it is wrong that he get ding Big time for his action.

[Jane]

I am glad this article is out there. You can practically HEAR the hate in that lawyer's tone. And he says this is not about homosexuality at one point and then clearly says it is about homosexuality. Who gives ABC and the LC the right to tell us what we can watch or hear on evening television? Award shows are aimed at families? Puhlease! I have not seen one award show, including the Teen Choice Awards, that did not have questionable content. That ABC is being complicit in this public lynching is abominable. Cancelling GMA was outrageous and bad enough but boycotting this guy's live performances on their network wreaks of intolerance. I can't believe I am living in the in the USA in the 21st century. ABC and the FCC should be ashamed to ally themselves ( or give the appearence of allying themselves) with the hate mongers that are the LC. And I speak as a conservative SBC atttending, bible reading Baptist. The people calling out Lambert need to take a look at themselves before picking up rocks to throw at him.

[Eric Wicks]

I am a fellow fan of Mr.Lambert and I will admit, what he did in his performance was a bit overboard, but what is happening to him now is outrageous and just plain wrong for any American.
He is an entertainer, whether you liked Adam's performance or not; it got you talking. He did his job, he entertained you, shocked you.
Women performers have been experimenting with sexual encounters for many generations such as Britney Spears, Madonna, Rihanna, Lady GaGa, but now this is the first gay male to have tried it and is now viewed as wrong?
They claim that the FCC ''wasn't aware'' of Ms.Jackson's controversial performance, how ironic and convenient wouldn't you say?, but they were first to grab their torches and pitch forks for Adam's performance.
This goes to show, no matter how far the gay community and life style has come, we still have not came far enough to be completely accepted to the media and to the public.
For anyone who was offended and had their children watching this program, it was YOUR OWN FAULT. The performers are not your personal babysitters, do not rely on TV to take care of your children; that is YOUR responsibility.
It was being aired at 9-10PM and if anyone's children were up at that time watching television then they have failed as parents themselves, we have had enough of these music programs to know each one has inappropriate acts/performances and fights each year they are on.

Do not come at the broadcasting company or the performers because your children got a dose of reality of the gay community at 10PM at night, they should have been in bed, and you should have been prepared.

[leake]

How come when Madonna and Brittany kissed there was no 'public outcry'?

[carly]

it is numbing that a right-wing, bigoted and largely homophobic group such as the LC is able to have such far reaching effect on the media practices of our country today. clearly, their spokesman did not bother to watch the ama's, or he would have been outraged, i'm sure, by many of the other performances (since he calls what appears on cable networks "that type of indecency and filth.") how does a network of abc's stature allow its standards to be dictated by people who think like this? so what if they might be fined. perhaps they might consider standing on principle, fighting the FCC if it truly goes after them, and taking a closer look at standards (and double standards) in general. . . as for the 1500 complaints they received? is that supposed to be a big number? -- because at any given time there are roughly 1500 individuals on just one of the many adam lambert fan sites that operate! perhaps those 1,500 were simply those of the glenn beck ilk -- always fired up by hatred and the indecency of others (which is usually based on self-loathing); -- always pointing fingers (a form of projection) and sensationalizing. i find it hard to believe that abc thinks that they represent the majority view, though they have thrown this number into every article i see. i am very disappointed in abc. they should know better and think more intelligently/with more sophistication.

[Lisa Barrish]

I find this absurd!! I do not even watch most shows anymore because they are soooo violent. I'd much rather flip a channel and see a kiss or sexual gesture than a story about someone being raped, shot in the face, drugged out beating ppl up or any other ABUSE against humans. Sexual gestures never abuse anyone, People really need to get their priorities straight in this country. So Sad this seemingly talented clever young man has been put on the severe right wing's agenda ....so sad.

[kw]

Eminem singing about rape and killing is family friendly. Rihana is totally naked in the video part of her preformance except some metal hiding her private parts and holding real guns and wearing hardly anything on stage and no one is saying anything about these proformers. its ok for kids to see this. Yes it is because of what he did was with a guy, if it had been a female no big deal. Pink did the oral sex thing on Fox on th 2004 billboard awards with a male dancer. His tongue sticking out and everrything. If this is not a double standard I don't know what is.

[oh babs]

In the Liberty Counsel complaint to the FCC the word homosexual prefaces the specific act of indecency/obscenity they object to. The spokesman in this article inferred it was not about homosexuality per se, but that the "preponderance" (huh?) of Americans are off put (huh?) by such displays. Yes, this is all about heterosexism and homophobia and part of the radical Christian agenda!
These Liberty people are scary lunatic fringe that unfortunately have offices in DC and probably the attention/control of many of our government officials.
The Family.

[Nina]

The quote from the pathetic Liberty people: "And it’s just really, frankly, not appropriate for network television, period, to mimic one man performing oral sex on another man." That says it all. He could have said it's not appropriate for anyone to mimic oral sex, but then that would involve so many other hetero performances, so he just admitted the complaint is about his narrow-minded religious views and raging homophobia. Jerry Falwell's evil spirit lives on. These people make me sick.

[againstlibertycounsel]

Subject of Liberty Counsel complaint to FCC and I quote

Complaint against the American Broadcasting Company for airing obscene/indecent homosexual content on the American Music Awards.

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. "And it’s just really, frankly, not appropriate for network television, period, to mimic one man performing oral sex on another man.

Hmmm what does this tell you?

[Lindsey]

Adam Lambert's performance on The Early Show was not anything like his AMA performance. Considering pretty much every other performance he's ever done except the AMA one were deemed suitable for children, why is everyone acting like this ONE performance means he's going to go around humping his guitarist on morning television or something?

(And Barber should realize that when people start using the word "filth" to describe things they automatically up their crackpot status. Who could take a guy that says that stuff seriously?)

[Mary]

This has all gotten blown out of proportion. Adam simply got caught up in the moment. I didn't think it was in good taste but the other comments here have said it very well - there is no real taste at the AMA's. My goodness, Adam has all but said he went a bit far and didn't blame ABC for being angry at him. If you listen to his interviews since the AMA's, he is a very polite and smart guy. He could be acting like a jerk justifying his performance. He was on Ellen and chose to sing a different song which was great. Give the guy a break - the fans want to see him. Personally, I was just as offended by Janet Jackson's crotch grabbing and even more offended by Lady GaGa's angry bottle smashing than I was Adam's risque "over the top" sexually charged performance. I've seen Adam perform on Idol and he's got so much to offer in the way of entertainment, let's not get hung up on this one. ABC - get Adam back on with a performance to redeem himself - he won't let you down.

[CJ]

While I do think Lambert's number was OTT, it occured at a few minutes before 11PM (10 PM Central). ABC's behavior seems strange and over-reactive, unless we consider one other possibility. Disney owns ABC and if a coalition of "Christian" groups came together and threatened to boycott Disney(and ABC), it would explain a lot. Just a thought.