The following is an account of the power of one outraged consumer. Al Westcott of Las Vegas, Nevada, began a one-man campaign to expose shock-jock Howard Stern’s radio sleaze to the Federal Communications Commission and companies that advertise on the program. Westcott’s complaints have cost radio stations around the country $1,250,000 in fines and have caused many advertisers to drop the show.
January 1994 – I first heard Howard Stern while living in Los Angeles in 1991. It was 7 a.m. and I was “grazing” the radio when it landed on 95.5, KLSX-FM.
Now, I’m not a prude – far from it. My long silver hair and white beard betray the fact that I am a child of the 60’s and not easily offended. But what I heard that morning went far beyond offensive – in fact, it was criminal!
The dialogue contained all the familiar profanities and vulgarities, plus themes and expressions used only in the filthiest pornography imaginable. For example, one morning a man called to thank Stern for sending him the soiled underwear of his female co-host. The details of the conversation are unprintable in this publication.
Other reoccurring themes include masturbation, the size of his genitals, women’s breasts, sexual perversions, mock game shows such as “Lesbian Dating Game” and “Guess Who’s the Jew,” and racial slurs against African Americans, Jews, Mexicans and others. During one broadcast Stern had women brought into the radio studio, had them undress, then lie across his lap while he “spanked their a--.”
All of this and more ‑ not at midnight, but during morning drive time. I had to do something!
So, I started taping the show every day, documenting the ceaseless dialogue of revolting topics and vulgar language. At the same time I began researching the laws, rules and regulations on indecent and obscene broadcasts. I learned that the Supreme Court has a very specific definition of obscenity. Plus the FCC specifies what can and cannot be broadcast during particular hours of the day. I learned that obscene material is not allowed at any time and indecent material can only be broadcast at a time of day when it is not readily accessible to children. This “safe harbor” period when indecent material cannot be broadcast is from 6 a.m. to 8 p.m.
Armed with tapes, transcripts and my computer, I began to file formal indecency complaints with the FCC against Stern. In February 1992 I put a tape of Stern’s material, transcripts and a 22-page complaint in an envelope and mailed it to the FCC. I thought the job was complete.
In October I received a phone call from a reporter at Radio and Records asking me to comment on the fines. “What fines?” I asked. He told me that the FCC agreed with me that Stern’s material was indecent and violated numerous Federal laws. The FCC has fined KLSX a record amount of $105,000 for airing the broadcasts. Soon others wanted to talk to me: the Los Angeles Times, ABC-TV, The Today Show, People magazine, Time magazine, The Home Show, Nightline, and other media, literally around the world.
After the FCC completed levying fines to stations in New York, Philadelphia and Washington, DC, the total had climbed to $705,000. All of these stations were found to be in violation of U.S.C. 18 §1464, specifically “indecency in broadcasting” and “indecent broadcasting to children.”
In addition to the fines, letters to advertisers were very effective. From November 9, 1992 until April 22, 1993, more than 215 advertisers dropped the program. Only 25 remained at that time.
The battle was not over
I had moved to Las Vegas, 300 miles away from Stern’s broadcasts, when a local station began airing the show. I followed the same tactics that were successful in Los Angeles ‑ taping, transcribing, filing complaints and writing to advertisers. On April 23 I received a letter from an attorney who identified himself as representing 23 of Stern’s advertisers in Las Vegas. I was told that my letters to advertisers and others were in violation of several federal laws. The letter threatened a lawsuit for “libel, trade libel and intentional interference with prospective economic relationships.”
Since I simply did not have the money to defend such a suit, I stopped writing the advertisers. Meanwhile, Stern continued his disgusting assault of the public airwaves.
I continued to tape the program and file complaints with the FCC. Based upon those complaints, on August 11, 1993, the FCC levied a fine of $73,750 against the Las Vegas station, plus fines against broadcasters in New York, Washington, DC, Philadelphia and Baltimore. The fines have now totaled more than $1,250,000.
Battle scars
Although the victories have been encouraging, I admit that I have been wounded. Tapes, envelopes, postage, telephone calls, etc. have hit my personal finances hard. In addition, my family has had to endure threatening calls from Stern’s fans and public attempts to discredit me. The letters from the advertisers‘ attorneys continue. But so do I.
I have resumed the campaign of letter writing to advertisers and continue to tape, transcribe programs and file complaints. My fear of a lawsuit has subsided somewhat. I rent the house I live in and drive a 20-year-old van. I figure they can’t get blood out of a turnip.
So, I encourage you that one person can make a difference. I’ve proved that. But if others would join the fight, the positive impact could be much greater.
Write the Federal Communications Commission and voice your opinion about The Howard Stern Show. Ask the FCC to take quick and decisive action on pending complaints. If you live in one of the 14 markets in which The Howard Stern Show is broadcast, write the local advertisers. Let them know that you will not buy their products and patronize their business as long as they sponsor such trash. And finally, let your opinion be known at that local radio station. Encourage friends to take action. Together we will be heard! Write to:
Commissioner James Quillo
Federal Communications Commission
1919 M. Street NW
Room 802
Washington, DC 20554
For excerpts of unedited transcripts from The Howard Stern Show or for additional information write Al Westcott, Box 85711, Las Vegas, NV 89185.