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

[AngelsFire]

Shame on you ABC and FCC , one ban, ok, but to continue kicking a man when he is down, now that is disgusted , vile and mean. He is one of the best singer/entertainers in decades and your treatment of him is down right dirty. You actually think we are so stupid to believe you know nothing of Janets crotch grabbing performance?? Emimen singing a guy bragging about 17 rapes, so it's ok for woman to do the lesbian thing , and ok for a guy to brag about rapes and murder, but let's get the gay guy for doing what women have been doing on your bloody network for years. You people are showing the world your true colours now, I cant believe what you are doing. Keep all the small minded haters that have commented on here, you both deserve eachother

[Suse1701]

I agree completely with the vast majority of what has been said here. The one thing I would like to add – that has rarely been touched upon – is that ABC is TOTAL CULPABLE in this whole thing.

For those who weren't following the ramp up to the AMAs, ABC was streaming videos of Adam's dancer auditions, the rehearsals and interviewing the costume director. The "edgy" S&M themes were deliberately thought out and hyped for the weeks leading up to the performance. With each viewing or addition of a video clip, ABC would say, "Get ready for the most shocking performance ever! What everyone is going to be talking about."

They proceeded to do this on every commercial prior to and on every commercial break during the show. And Adam was sitting there watching these very aggressive, powerful performers and thinking, "Crap, I have GOT to bring it." If he just did the number, he faced being an epic letdown.

He went balls out and yes, perhaps overshot his mark. But ABC, after setting that bar precariously high for him (and again, being instrumental in creating the themes for the performance), yanked the safety net out from under him in a hot second. They turned their back, feigned shocked innocence and left Adam to twist in the wind in all of this.

THEN they start systematically canceling performances with absolutely inane excuses - Adam can't be trusted on live TV - what? How many hours has he logged on live TV this year? Then they go and ALLOW the Kimmel tickets to go up for distribution on Tuesday (a full week and two days AFTER the AMAs) just to cancel the performance on Wednesday.

Again, what?

I mean, seriously WHAT, ABC? You were complicit in all of this from the start. You are hypocrites and cowards and I have lost every once of respect for you. I have not watched one hour of your programming in the past week and two days you previously dominated by DVR. I miss my shows, I do, but I have lost all respect for you as a brand, as a corporation and as entertainment outlet. And this includes the greater Disney umbrella.

If I could only rationalize some kind of sound, professional judgment in all of this, I would listen to ABC's contentions, but they have only followed bad decision with insane decision and yes, they are transparently kowtowing to crackpot religious fundamentalists.

In what business world does 1,500 viewers trump thousands upon thousands? Your ratings were better than ever and Adam's buzz is through the roof. You look like fools and you keep upping the ante. I'll never be able to figure out why. Just. Why?

[wtdp]

Indecency and filth? Are you kidding? I didn't see any indecency and filth, but I see a network using a young man for ratings by putting him last, teasing his performance throughout the show as "so shocking you have to see it to believe it, etc. etc." and then throwing him aside. I see the huge glaring double standard which in my opinion is grounds for a discrimination lawsuit. And I see ABC and Disney for the bigots and hypocrits that they are - SHAME ON YOU ABC. He was only trying to give you what you wanted.

[ST]

Maybe there should be a push by viewers to ban ABC, CBS, NBC from broadcasting awards shows. The pleasure should only be given to cable network stations.
Also it is a bunch of bull if people are using "FAMILY VIEWING TIME" as a reason for all this unnecessary crap. I found out 5 minutes before the AMA started that Adam was not going to perform until the end. My response was "crap I have to stay up that late to watch him" and I am sure glad I did. I was one of the fortunate ones to see the performance and believe me I was not offended. Even Kris Allen said he was not shocked and that he (Kris) might try something like that next year. (BH interview) Our society has a group that needs to be knocked off their "holier than thou" throne. Any decent parent would have had their children in bed that late and I might add instead of crying offensive you people need to get on your knees and ask for forgiveness for not accepting tolerance or teaching tolerance to your children

[belle]

I too am struck by the irony of the name "Liberty," when this group is all about eliminating artistic freedom. I would also say that if 2 men kissing is offensive, then heterosexual kissing is equally offensive. It is patently unfair to people who happen to be gay. I'm straight, and I'm offended. By this decision, we are perpetuating intolerance in our community. I am a teacher and a mother, and I would like to see our country move toward tolerance and understanding of these differences. I have great pity for the children who are the brunt of gay jokes (rampant in middle school) and now these prejudices are being reinforced by ABC. We can and should do better. Groups such as Liberty give Christians a bad name.

[nooneyuknow]

For all the viewers of the AMA who are crying foul because Lambert introduced what they consider to be obscenity into a family show, I have to ask: WHERE WERE YOU THE FIRST TWO HOURS AND FIFTY FIVE MINUTES OF THE SHOW? There was plenty to object to long before his performance, and, in my humble opinion, plenty of reasons to turn the television off so children wouldn't see filth. Does overt sexuality become pornography only if it's gay? ABC and Disney are so wrong over this. I, for one, will continue to love and support Adam.

[LetItBe]

It's the right thing to do to cancel the appearance of Adam on ABC. There is rules/regulations for people to follow. If you violate the rules, you need to take consequence on that. No one would guarantee that Adam Lambert wont' be carried away again on TV to show inappropriate (i.e. soft porn) moves on TV as he said that his true self is very sexual. To me, he should be banned from all network TV stations. He could appear on Cable TV or Adult TV channel to promote his very sexual self and his artistry which centers around soft porn.

Reading the comments, I am not sure which one is more sad: Adam displaying oral sex on network TV or the outcry of his supports that he's done nothing wrong. FCC rules/regulations are to protect the public which is more than 200 millions, not for the entertainment of less than 1 millon fans including some active Internet fans, let alone Adam only. It's time for FCC to apply the rules to protect the 200+ million public.

Also, if there is any discrimination, it would be gender oriented. How come "homophobia" come into the play? Just b/c the male happens to be gay? If Adam really respect himself as male (not only gay), he should stop abuse "homophobia" to excuse him for soft porn behavior. Really brave man never hesitate to admit his own mistake and take consequence from that. Obviously, it's not the case for Mr. Lambert immediately after the event, not the case for his followers now. If you want to have respect, please respect public and regulations first.

[martha]

My symparthy to those whose 'God' creates people, puts them on earth for maybe 95 years, and instead of forgiveness, created a hell and then puts them there for -wow- eternity. Holy moly, thank goodness my God/Love/Cosmos/AllThatIs dosen't do that.Lambert is a good - hearted person, and I love all his performances before AI, on AI weedly, and after AI-except for the amawhatzit- and it is what it is. I choose to support Adam Lambert. I totally love his CD,it is a solid gem of great tracks. Adam was born with the gift of outstandling multi-octave vocals, and entertainment is his path.

[Jane]

Not only is Adam gay he is Jewish a double whammy in the eyes of the council for Liberty.

[shadamholic]

ABC LISTEN UP.....ALL you have to do is tell Adam....We just don't want you to perform that particular song!!!!!! IF any of you have watched the performances he's done since the AMA's they've been AWESOME. He's a genuinely nice guy...who helped raise a LOT of money for Donors Choose.org while the Idols were on tour! He does NOT deserve to be treated this way. I for one will NOT be watching ABC to the extent that I have in the past. Adam seems to be having 'no hard feelings' because he does know his performance veered from the 'rehearsed' performance and he understands why ABC was upset. HOWEVER, if I were him I would really be upset by the continuing censure when all they have to do is lay down some rules for him. COME ON ABC....GIVE HIM ANOTHER CHANCE to show us all how GREAT he is!

[The bigger picture]

Whats even more amusing to us non Americans. We don't carry guns and wave them around when ever we feel like it. What sort of message does that send to little Suzie, 'eh? And the FCC is worked up over a little bit of ridiculous fully clothed simulated sex and a guy kiss on late nite tv.. Hell there's worse than that on late nite tv. Obviously, those who made the complaint live under a Rock. Perhaps they should just crawl back under 'cause now they've opened a massive can of worms.

Seems to me a few laws need to be changed, if America wants to protect itself from itself.

[lulu]

it is very sad that this christian organization gets involve in this anti homophobia issue, are they after dollars and really think they could fine abc for adam's performance. adam is a joy for his fans. i have been listening to his album and this guy adam has a gift (his voice) that people will find comfort and pleasing to the ears.

[celtcwrtr]

the network is treading carefully, because the complaint is also demanding a fine be levied against them for airing the performance that they're classifying as obscene.

and if such a heavy-handed attempt of repressive censorship bothers you, it's the FCC you should contact:

http://www.fcc.gov/contacts.html

[Deb]

This is about bigotry, there is something about those casting stones who should be prepared to prove they are beyond reproach, including the individuals at ABC who have decided to continually punish and exclude this extremely talented young person from appearances, yet they allowed another young man to appear who had beaten his girlfriend senseless, and also allow appearances by celebrities and politicians who have cheated on their spouses,but gave that I am so sorry (so sorry to have been caught) speach. Adam, did by his own admittance get carried away in the moment, and this was by far not his best performance. However, most of the other performances that night also pushed the envelope, and it seems that none of the other performers are taking any heat. (is not a bunch of females bending over in each others faces and slapping each other on the you know whats inappropriate for young eyes to see???). Its high time that parents accept responsibility for controlling what their children see and hear. I did not particularly enjoy Adams' performance, but this young man does not deserve the heat he has gotten. I love his new CD, and will continue following his career, hope he soars.