An indecency bill, Senator Brownback's S. 193, is expected to come before the Senate Commerce Committee shortly. As it stands, the bill would fine broadcasters for indecency but not individual performers. We support this bill. However, the House bill on indecency, H.R. 310, imposes a $500,000 fine on performers for violations of FCC indecency standards and eliminates warnings and the hearing process. We need your support to prevent Senators from adding any amendments that would fine individual performers or eliminate due process. Thank you. Sincerely, Hal Ponder Director of Government Relations AFM

Dear [ Decision Maker ] ,

As one of your constituents, I strongly urge you to oppose any amendment that would impose fines against individual performers in the upcoming indecency legislation. I am a member of the American Federation of Musicians, an organization of 100,000 professional musicians with chapters in every state. S. 193, introduced by Senator Brownback, does not impose fines on performers and we support this bill.

The current House bill would raise the fine for individual performers to $500,000 and completely eliminates warnings and the hearing process. These fines on individual citizens raise serious questions about due process and First Amendment rights. Given the vague and shifting definitions of what constitutes indecency, such legislation will have a significant chilling effect on the creative works of members of the American Federation of Musicians. Performers often do not control the content of the performances they take part in, and this legislation could have the effect of fining them for accepting job offers.

It would be unfair to subject performers to the same fines levied on broadcasters. Voting for an amendment that implements a fine of $500,000 on individual performers has the effect of exposing them to financial ruination and personal bankruptcy. The FCC's long-standing policy holds broadcast licensees responsible for programming decisions and preventing indecency. Unlike the licensees, individuals are not aware of the FCC's indecency standards. The current hearing procedures and warning act as mechanisms to educate individuals of the FCC standards.

Please vote against any fine imposed on performers and the elimination of due process protections. If you want to discuss this, please contact our lobbyist, Hal Ponder, at 202-463-0772.

Thank you very much for your consideration and support.

Sincerely,

Campaign Launched:
May 12, 2006