Between 1990 and 2004, the Federal Communications Commission (FCC) issued a record total of $2.5 million in fines against radio station licensees for indecent content broadcast on The Howard Stern Show. These penalties, resulting from legal battles, record-breaking settlements, and heightened regulatory crackdowns, made the syndicated morning program the most heavily sanctioned show in American radio history. The enforcement actions fundamentally altered the parameters of what could be broadcast on terrestrial airwaves. They ultimately served as the primary catalyst for Stern's historic departure from traditional radio to subscription-based Sirius Satellite Radio in 2006.
The regulatory conflict began in earnest following the Supreme Court's landmark 1978 ruling in Federal Communications Commission v. Pacifica Foundation, which established the legal framework allowing the FCC to regulate indecent material on public airwaves. As Stern's show expanded into national syndication during the late 1980s and 1990s, his confrontational "shock jock" format frequently drew complaints from conservative watchdog groups. The FCC responded by targeting the corporate owners of the stations airing his show, most notably Infinity Broadcasting and later Clear Channel Communications. In 1995, to resolve a mounting backlog of indecency violations without risking the revocation of their lucrative broadcast licenses, Infinity agreed to a then-unprecedented $1.7 million settlement with the U.S. Treasury.
A second major wave of regulatory enforcement escalated in early 2004, fueled by political pressure and heightened public scrutiny of broadcast media following the Super Bowl XXXVIII halftime show controversy. The FCC dramatically increased its statutory maximum penalties, leading to a single, record-breaking $1.75 million settlement with Clear Channel in June 2004 to clear violations stemming from Stern's show and other programs. Clear Channel subsequently dropped Stern from its six major-market stations due to corporate risks. Frustrated by what he characterised as a government-backed campaign of censorship, Stern signed a multi-year, $500 million contract with Sirius in October 2004. Moving to Sirius allowed Stern to broadcast uncensored, marking a major turning point in the media landscape that accelerated the commercial viability of satellite radio.
Background FCC fines issued Date Amount Company Outcome $6,000 Infinity Paid; part of 1995 settlement $105,000 Greater Media Paid $600,000 Infinity Paid; part of 1995 settlement $500,000 Infinity Paid; part of 1995 settlement $73,750 Americom Rescinded in 2000 $37,500 Americom Rescinded in 2000 $400,000 Infinity Paid; part of 1995 settlement $200,000 Infinity Paid; part of 1995 settlement $10,000 Benchmark Reduced to $6,000; paid $12,000 EZ Paid $6,000 Infinity Rescinded in 2001 $2,000 Eagle Radio Paid $6,000 Clear Channel Paid $27,500 Viacom Paid; part of 2004 settlements $495,000 Clear Channel Paid; part of 2004 settlements
In 1978, the United States Supreme Court upheld the FCC's authority to sanction broadcasters for indecent programming aired at hours when children might be listening. The landmark decision arose from a 1973 broadcast of Filthy Words, a 12-minute monologue by comedian George Carlin that repeatedly used the "seven dirty words". Between 1975 and 1987, no television or radio broadcaster was fined for indecency. The FCC treated the seven words identified in the Carlin monologue as indecent, and for several years its enforcement focus remained largely confined to that kind of material. Until 1987, the ruling gave broadcasters a relatively clear, if limited, guide to follow.Colford, p. 169.
The FCC had received complaints from listeners about Howard Stern since 1981, when he hosted mornings at WWDC in Washington, D.C. The Communications Act of 1934 and First Amendment laws, however, limited its power to take further action.Colford, p. 165. In reply to a complaint about Stern in 1985, who by now had relocated to afternoons on WNBC in New York City, the FCC responded, "Our role in overseeing program content is...very limited...the First Amendment protects the right of broadcasters to air statements which may be offensive, and a free society requires governmental forbearance in those instances."Colford, p. 167. Following his abrupt firing from WNBC,Colford, pp. 134–136. Stern returned to afternoons on WXRK in New York owned by Infinity Broadcasting,Colford, p. 148. and moved to mornings from 6:00 am in February 1986.
1986–87: Revised indecency standard Stern entered national syndication on August 18, 1986, when Infinity's WYSP in Philadelphia began simulcasting his show. James McKinney, chief of the FCC's Mass Media Bureau, later reported that more Philadelphia listeners complained about Stern in his first three months on WYSP than New York listeners had in the previous three years. On November 14, 1986, McKinney opened an investigation after WYSP was one of three stations cited for airing material that might be indecent. Infinity was given 30 days to respond to three complaints alleging that Stern had violated Section 1464 of the United States Code, as well as Philadelphia's community standards.Colford, p. 170. Two of them were forwarded on September 26 and November 6 by Donald Wildmon, a United Methodist minister and director of the National Federation for Decency. The third was filed on October 27 by Mary Keeley, a mother of a 15-year-old Stern fan, who was directed to the FCC by Morality in Media. In one cited excerpt, Stern asked a caller if they ever had sex with an animal and replied with "Well, don't knock it. I was sodomized by Lamb Chop, you know that puppet Shari Lewis holds?" The same broadcasts aired in New York, but were not in question to the inquiry.
Mel Karmazin, the president of Infinity, defended Stern in a 44-page response filed on December 22, 1986. He argued that the show was "comedic in nature" but "undeniably provocative and controversial, thereby inescapably offensive to some persons of delicate sensibility", and suggested that "a handful of complaints...cannot establish a local standard for a major metropolitan area such as Philadelphia". Karmazin also noted that none of the complaints involved the seven dirty words, and included letters from listeners who supported WYSP's decision to carry Stern's program.
On April 16, 1987, the FCC concluded that Stern had aired indecent material several times. In some instances, his broadcasts "did not merely consist of an occasional off-color reference or expletive, but...a dwelling on sexual and excretory matters in a way that was patently offensive".Colford, pp. 171–172. No fine was imposed, since the FCC believed there may have been some uncertainty as to the reach of the Carlin case, and that its Section 1464 indecency provisions were applied for the first time in a number of years.Creech, p. 180. Infinity was instead warned of the risk of fines or the loss of its broadcast license if violations occurred. The investigation caused the FCC to expand its indecency standard beyond the seven dirty words, to "language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs". As the comments cited in the initial complaints were made between 6:00 and 10:00 am, when there is a "reasonable risk that children may have been in the audience", they would be termed indecent, and therefore actionable, under the new definition.
Following the FCC's decision, Stern hosted a live "FCC Freedom Rally" among a crowd of 3,000 people at Dag Hammarskjöld Plaza. "The FCC wants to clean up the show...let them try...I'm going to continue to do what I do," he cried. The Arbitron ratings showed that Stern gained over 30,000 regular listeners in New York while losing half the number in Philadelphia. Fifteen national radio and television broadcasters including NBC, ABC, and CBS, joined Infinity in a petition demanding that the FCC provide better clarification on its new indecency guideline. In November 1987, the FCC established a "safe harbor" period which permitted material that would otherwise be considered indecent to air between midnight and 6:00 am.Colford, p. 192.
1988–91: First Infinity fine WJFK-FM in Washington, D.C. became the third Infinity station to air The Howard Stern Show in October 1988.Colford, p. 189. Two months later, Anne Stommel of New Jersey mistakenly tuned her radio to hear Stern talk about having naked women in for an upcoming show. She recorded the "Christmas Party" broadcast on December 16 that featured a man playing the piano with his penis, a choir singing about gay sex to the tune of "White Christmas", and women being hypnotized to achieve orgasm. Under the referral of her senator and congressman, Stommel filed a complaint with transcripts and tape of the program.Colford, p. 191. The FCC reviewed the evidence, and asked Infinity in October 1989 for an explanation as the material "may have violated [federal law] by including indecent programming during daytime hours". Karmazin argued that the term "patently offensive" in its new ruling was vague, and that the sexual references cited were no more offensive than daytime television shows Geraldo and Donahue, which used similar terms without repercussions.
Karmazin's response was rejected, and the three stations that aired the show received a Notice of Apparent Liability (NAL) worth $2,000 on November 29, 1990. The FCC noted the show contained "frequent and explicit" references to sexual activities and organs that were made in a "pandering and titillating" fashion. Karmazin contested in February and June 1991 to deny that the broadcast had violated Section 1464, to which the FCC rejected both arguments, and formally upheld a Forfeiture Order in 1992. After two further petitions were denied, Karmazin stated in 1993 to take the matter to the United States district court. As he contested, additional complaints regarding Stern led to further NALs being issued.
1991–93: Greater Media, Americom and Infinity fines Stern began to air on WJFK-AM in Baltimore and KLSX in Los Angeles, owned by Infinity and Greater Media respectively, in 1991. The show aired live on the West Coast from 3:00 am PST followed by a tape delay replay from 6:00 am PST. A complaint was sent to the FCC in February 1992 from Al Westcott, a listener in Torrance, California who supplied 60 hours of recordings and a 19-page single-spaced transcript. Upon review of his letter, Greater Media was issued with a NAL worth $105,000 for the "apparent wilful and repeated violation[s]" of the Section 1464 standard at hours when children may be in the audience. The FCC found comments that were actionable from 12 shows between October 30 and December 6, 1991, including those about masturbating to a picture of Aunt Jemima, rectal bleeding, a sexual fantasy with actress Michelle Pfeiffer, the shaving of pubic hair, paedophilia and the arrest of actor Paul Reubens for indecent exposure. Westcott hailed the fine as a "mammoth victory ... not for me and not against Howard Stern but purely on behalf of the children of the country". After the fine was issued it became apparent to some KLSX listeners that portions of the show were being edited. Executives at Greater Media admitted to have removed comments from the 6:00 am replay that they found questionable from the New York feed to avoid the risk of further fines as the "safe harbor" rulings came into effect at that time. A settlement was reached between the FCC and Greater Media in 1997 that involved the fine being paid and the complaint dismissed.