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"Shady" Station Stands Up to FCC

Eminem: Poster boy for the First Amendment?

A Colorado radio station slapped with a $7,000 indecency fine by the Federal Communications Commission for playing an edited version of the rapper's "The Real Slim Shady," is standing up to Big Brother.

Citadel Communications, the parent company of Colorado Springs' KKMG-FM, has filed an appeal with the FCC attempting to overturn the regulatory agency's June 1 decision, which, the company says, could have a chilling effect on the radio play of hip-hop and other controversial forms of music.

"[The FCC's ruling] raises the specter of a dominant culture exerting its power to bar those groups who do not share its mores from the public forum," Citadel Communications says in its appeal.

The FCC rapped the radio station with the fine after its programming director continued to play the "Real Slim Shady" on a 24-hour basis during the spring and summer of 2000. The regulatory agency reportedly reasoned that the cleaned-up version of the tune, despite being edited and bleeped for its lewd lyrics and hate-filled agenda, reeked of "indecency," forcing it to take action against the station.

The irony, according to Citadel's lawyers, was that KKMG was the only station in America to get hit with the indecency fine.

The lawyers also argue that popular culture has reached a critical point where such songs have become accepted by the mainstream despite their controversies, as evidenced by Eminem's continued domination of the Billboard charts and his multiple Grammy awards.

"The emergence and concomitant popularity of artists like Eminem may evidence the fact that this country has reached a cultural crossroads, as when Ed Sullivan decreed that Elvis be shown only from the waist up...the Doors refused to alter their lyrics for appearances on national television. All in the Family addressed mature themes and more recent programs incorporated same-sex relationships," said Citadel attorney Kathleen Kirby of Wiley, Rein & Fielding in the appeal.

If not reversed, say Citadel's lawyers, the ruling could have a devastating impact, not only on the music business, but on artists' freedom of expression.

With all the hullabaloo over the hip-hopster this year, it's no surprise that the government has felt pressure to stake out a position regarding what it deems provocative content in songs.

But the fine levied against a single radio station signals a muddled regulatory policy that FCC chairman Michael Powell has yet to publicly resolve or even comment on.

And if Eminem thinks the body politic here in the good ol' U.S. of A is getting hot and bothered over his rhymes, wait 'til he tours Australia.

Conservative politicians and family groups Down Under are lobbying the Australian government to bar Slim Shady at the border, saying his graphic raps could harm the country's youth.

"There is no way the Australian government should allow those who pray on the disenchanted and disillusioned youth of Australia to visit our country and promote a culture of drugs, violence and foul language," said lawmaker Peter Slipper in a statement.

Slipper has partnered with the right-leaning Australian Family Association to push legislators to prevent the rap star from receiving an entry visa, despite tickets having already gone on sale for Em to perform there later this month.

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