WFDU-FM’s TRADITIONS Playlist for January 11, 2015

The events taking place in Paris and around the globe following the tragic shooting in the offices of Charlie Hebdo magazine have led to important and long overdo discussions on free speech and creative expression. Since the tragic shootings by extremists using the excuse “revenge” after of publication of cartoons depicting the prophet Muhammad have resulted in an examination of the media,the press and the arts world and their right to expression.

As host of a folk music radio show, the issue of free speech and expression is very important on a number of levels. It is also a complicated one as broadcasters in this country also face FCC rules for issues like profane language, obscenity and indecency that enter into the creative expression. We have the right to free speech as guaranteed by the First Amendment, but the FCC rules can have an impact.

Folk music represents the voice of the people, and with that comes protest, satire and opinion – all issues that have been at play following the horrific events and the aftermath. While my show is not meant to be a forum for my own views, I do believe it is a forum to share the work of songwriters who choose to tackle some difficult subjects. Of course, my own opinions and creative choices play a role, and the songs I choose are based on decisions I make as to what is appropriate. It is not as easy as it sounds.

To begin this weeks show, I chose a handful of songs that deal with these issues in various ways. My first song was Pete Seeger singing “Die Gedanken Sind Frei.” It is an old German song that Pete used to sing and he would remind the audience that the song was banned by Hitler. The song translates as “thoughts are free” and the first publication of a version of the song can be traced back to a leaflet published around 1780. The song took on new meaning as it became popular among Germany’s anti-Nazi movement. Sophie Schall, a German revolutionary who was a member of the historic White Rose non-violence resistance group, is reported to have played the song on a flute outside of a German prison where here father was being held for anti-Hitler comments. Sophie would later be executed by the Nazis. She would later be found guilty of high treason for distributing anti-Nazi leaflets and was executed by guillotine in 1943.

There are debates on what is appropriate use of satire and comedy. As a radio host, these questions arise whenever I choose to play a song of protest or those that deal with controversial issues. Each of us have our own moral compass and hopefully it includes the virtue of respect for one another. Still, I realize that there are songs I play that people will not agree with, yet hopefully stimulate debate.

Rod MacDonald touches on that aspect in his song “Two Americans” which deals with an Arab and Israeli who get together to vigorously debate politics at a coffee shop in their adopted home of New York. The songs I chose from Jack Hardy, Amy Carol Webb and John McCutcheon speak to the same topic.

Over the years, I have received calls from people who take exception to certain songs I play. Often they are civil over the phone, such as a woman who asked me to play some pro-life songs after I played a song about the right for women to choose. I asked the caller to give me some examples, and she could not provide any. Another time I was called a Communist after playing a Pete Seeger song. I will not repeat the racist comment someone screamed at me over the phone a few years ago after I played a set of songs commemorating Dr. Martin Luther King. While it would be easy to dismiss these calls as cranks, it reminds me that there is still work to be done, and these songs are still important tools to inspire and educate.

For the most part, the topical and political songs I play are preaching to the choir, and there is nothing wrong with that. People need to be reminded and strengthen their dedication to a variety of causes and campaigns.

In addition to deciding whether the songs I play will tick off segments of my listeners, which is not necessarily a bad thing, I also have to consider the repercussions of the Federal Communications Commission. We are lucky that the FCC and our government support the sharing of ideas and free speech, but there are issues of obscenity and indecency that make choices tricky.

Because of the limited availability of bandwidth for traditional over-the air broadcasting, the FCC grants licenses to broadcasters to operate stations such as WFDU. The FCC insures that broadcast signals do not interfere with the operation of other radio stations signals, and the FCC has also been granted power by our government to enforce rules about the broadcast of “obscene, indecent and profane” material.The FCC can issue a warning, impose a fine or even revoke the license for the radio station. The definition of those terms is where it gets tricky.

The words “obscene” and “indecent” have entirely different meanings. “Obscene” material cannot be aired at any time, whereas “indecent” material (and profane language) CAN be acceptable after 10pm and before 6am.

It is less common for broadcasters to be found guilty of broadcasting obscene material. To be considered obscene, the material has to meet this criteria, as defined by the FCC:

“1. An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest.
2. The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law.
3. The material, taken as a whole, must lack serious literary, artistic, political or scientific value.”

It is very difficult to prove in a court of law that the material meets all 3 items. This is why most of the FCC fines we read about concern “indecent” or “profane” material. The FCC describes “indecent” as:

“language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity. The courts hold that indecent material is protected by the First Amendment and cannot be banned entirely. FCC rules prohibit indecent speech on broadcast radio and television between 6 a.m. and 10 p.m., when there is reasonable risk that children may be in the audience.”

Contrary to popular belief, it is not as simple as a lit of  “7 words” that you cannot say on TV or radio. There is no such list, it is more ambiguous than that. George Carlin had a wonderful routine, but the FCC defines profane material as the following:

“including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.” Like indecency, profane speech is prohibited on broadcast radio and television between the hours of 6 a.m. and 10 p.m.”

It is much easier for material to be labeled as “indecent” or “profane” based on those definitions. What does this mean? A word that I find offensive might not offend someone else. With the changing of times, some words become accepted. But words still upset people. There are a number of public watchdogs who spend hours looking for these issues and are ready to pounce whenever they hear something. When even a single complaint is submitted to the FCC, they are required to investigate.

For many radio stations, especially public and non-commercial, it becomes very difficult to defend against these charges. The financial repercussions to a station that is listener supported becomes too great.Often, management has to make tough decisions to err on the side of caution. Self-censoring can become a dangerous precedent, but it is a reality among broadcasters. It is a matter of survival and choosing what battle is more important to fight.

This year marks my 40th anniversary with WFDU-FM. I am lucky that the management of the station and the university that owns our broadcast license (Fairleigh Dickinson University) has not dictated what we should play. We can still challenge our listeners to think about issues and present views that they might not always like to hear, but we need to be cognizant of the various factors at play. We should not cower from our responsibility, and the people at Charlie Hebdo are showing us that they will not let a handful of terrorists impact their creativity and the message they try to impart. We might not agree with that message, but we should honor their right to present it without fear of repercussion.

(Tune in to TRADITIONS every Sunday from 2pm to 5pm Eastern Time over WFDU-FM 89.1 in the NYC/Northern New Jersey area, or on the web at www.wfdu.fm or iHeartRadio.com. On-demand streams of shows, including this one, are archived for two weeks by clicking HERE. A Sing Out! Radio Partner.)

ARTIST “Tune / Song”
ALBUM Label Website
2PM
Theme: HARVEY REID “Dirty Dish Rag”
Solo Guitar Sketchbook Woodpecker Records – www.woodpecker.com
PETE SEEGER “Die Gedanken Sind Frei”
The House Carpenter  St. Clair Entertainment Group

ROD MACDONALD “Two Americans”
After the War self – www.rodmacdonald.net
JACK HARDY “Cain and Abel”
Coin of the Realm Great Divide Records – www.jackhardy.com
DAVE SHIFLETT “Virgins in Heaven”
MP3 from the artist self- www.daveshiflett.com

AMY CAROL WEBB “Oh, Abraham”
Faith-Fortitude-Friends Zebra Productions – www.amycarolwebb.com
JOHN MCCUTCHEON “Children of Abraham”
Greatest Story Never Told Red House Records – www.redhouserecords.com , www.folkmusic.com
MAGPIE “Give Light”
Give Light Sliced Bread – www.magpiemusic.com

DAVE ROWE “Standing on the Side of Live”
All of the Dreams self – www.daverowemusic.com
LIVINGSTON TAYLOR “Blue Sky”
Blue Sky Whistling Dog – www.livingstontaylor.com
DAVID WILLIAMS “Little Prayers of Belief”
Little Prayers of Belief Trapdoor Media – www.realdavidwilliams.com

RICHARD BERMAN “Parting As Friends”
You’re Home Now self – www.richardberman.com
COSY SHERIDAN “The First Song”
Pretty Bird Waterbug – www.cosysheridan.com
THE THOMPSON FAMILY “I Long For Lonely”
Family Fantasy – www.concordmusicgroup.com , www.thompsonfamilyband.com

3PM
ALAN MILLS “I Know an Old Lady”
The Newport Folk Festival 1960 Not Now Music – www.notnowmusic.co.uk

JULIA ECKLAR “Gentle Arms of Eden”
Horsetamer  Prometheus Music – www.prometheus-music.com
THE CUPCAKES “Every Little Thing”
Trouble and Joy self – www.3cupcakes3.com
BROTHERS MCANN “Each Second”
sampler self – www.brothersmcann.com
MICHAEL COONEY “Thyme It is A Precious Thing”
Live at Caffe Lena Tompkin’s Square – www.tompkinssquare.com , www.caffelena.org

BOBTOWN “Morning Sun”
A History of Ghosts self – www.bobtownmusic.com
JUSTIN TOWNES EARLE “Day and Night”
Absent Fathers Vagrant Records – www.vagrant.com , www.justintownesearle.com
GRAYDON JAMES & THE YOUNG NOVELISTS “Small-town Hymns”
In the Year You Were Born self – www.theyoungnovelists.com
MYA BRYNE “Forgotten Dreams”
As I Am self – www.myabyrne.com

CHRIS SMITHER “Train Home”
Still on the Levee Signature Sounds – www.signaturesounds.com , www.smither.com
GWYNETH MORELAND “Send Me Back Home”
Ceilings, Floors, and Open Doors self – www.gwynethmoreland.com
BOB DYLAN AND THE BAND “900 Miles From My Home”
The Basement Tapes Legacy Recordings – www.legacyrecordings.com , www.bobdylan.com

4PM
MIKE AGRANOFF “The Ballad O Captain Crunch”
Straight Lines self – www.mikeagranoff.com

GEORGE MANN “Going Away”
Portraits self – www.georgemann.org
LARRY PENN “The Preacher’s Whiskey Flask”
Around the Campfire self – http://my.execpc.com/~cookeman/
JOHN & SHEILA LUDGATE “Robert Frost Said”
Two, Three, Four self – www.johnandshelialudgate.com

January 11 would have been Ed McCurdy’s 96th birthday. He passed away in 2000, and today we remembered him with a sampling of his recordings.
ED MCCURDY “Bold Fisherman / When Cockle Shells”
Folk Festival at Newport Vol. 3 Vanguard Records – www.vanguardrecords.com
ED MCCURDY “Barbara Allen”
A Ballad Singer’s Choice Empire Musicwerks
ED MCCURDY “Blood on the Saddle”
Newport Folk Festival 1960  Not Now Music – www.notmowmusic.co.uk
ED MCCURDY “Life is Like a Mountain Railroad”
On Jordan’s Story Banks I Stand Folkways – www.folkways.si.edu
ED MCCURDY “When Soldiers Die on Battlefield / Last Night I Had the Strangest Dream”
Songs After 60 self – out of print

PETE SEEGER “Somos El Barco (We are the Boat)”
Live at Cafe Lena Tompkin’s Square – www.tompkinssquare.com , www.caffelena.org
ROBIN SPIELBERG “The Water is Wide”
Sea to Shining Sea: A Tapestry of American Music self – www.robinspielberg.com

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Ron Olesko
WFDU-FM
1000 River Road
Teaneck, NJ 07666

www.wfdu.fm
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