Hello! Thank you for putting your ear to the Listening Tube! I’m your host, Bob Woodley. On this episode, we’ll hear about George Washington (then and now), 19th Century political correctness, and the Warsaw Pact. Plus, I’ll speak to a man about a discovery in his local cemetery. But first (Not the Headlines)!
The broadcast industry is up in arm over the FCC requiring the revival of the old Form 395-B. That’s the form radio and television stations licensed by the Federal government fill out that tells how many people work there and a little bit about their race and gender. The old form actually asked you a lot about gender, as it only had two listed, so they figured they pretty much knew what you had between your legs, so I guess that’s actually an intimate question.
But breaking us down by race isn’t as cut and dried. We’ll take a closer look at that in a bit. The story I saw on inside radio wasn’t about race or gender. It was about religion. Three religious broadcasting companies are to not require them to report such data, as they believe it would adversely affect them and religious freedom, as well as advance the LGBTQ agenda. They also contend the FCC has no right or authority to require the revival of 395-B since a 2001 Congressional mandate ended the practice of collecting such information from broadcast companies by the FCC in 2004.
So it’s been 20 years since this form was last used, and now the FCC wants to revive it, calling it “critical information” that will allow “analysis and understanding of the broadcast industry workforce.” And track the diversity of employees, according to the story.
It seems the religious broadcasters are worried that by submitting such reports, they’ll be compelled to hire people who have different points of view than those stated by its doctrine. In other words, they don’t want to be told to hire a devil worshiper for the sake of diversity. But the proposal specifically states that wont be the case:
Paragraph 51 states: Although no commenter raised a First Amendment issue, we clarify that requiring
stations to publicly disclose their workforce composition data does not constitute “compelled speech” on matters of race and gender, in violation of the First Amendment. A requirement to report information to the government fundamentally differs from the typical compelled speech case, which generally involves situations where “the complaining speaker’s own message [is] affected by the speech it [is] forced to accommodate.” Conversely, the Form 395-B report requires reporting of factual information to the Commission—the station’s own employment figures—to allow the Commission to analyze trends. There is no message being forced by the government.
That’s not just important to broadcasters, that’s important to you and me. Should the government have the authority to compel speech on federally-licensed transmissions? Should they lose that license for not complying?
There’s another layer to the issue. Those non-religious broadcasters are worried that the data they submit may be used against them in other ways. As it was in the old days of the 395-B, the data will be made public. Some worry that it may make them targets of activists. It’ll open the door for questions like, “Why don’t you have more of (insert race) working here?” or “What if our lack of diversity makes us a target of violence?”
Having the data in the hands of the FCC is bad enough, having it made public is asking for trouble. As far as diversity is concerned, the FCC claims it isn’t concerned at all. In fact, the proposal even promises it won’t use the data to follow up on diversity complaints.
Section 18 states: Consistent with the limitations placed on our use of the Form 395-B data, we reject the EEO Supporters’ recommendation that the Enforcement Bureau use the data as evidence when
investigating a discrimination claim against a station. We find that such use does not comport with the
Commission’s public interest goal behind collection of this data. The Commission has stated previously, and we reiterate here, that “we will summarily dismiss any petition filed by a third party based on Form 395-B employment data” and “will not use this data as a basis for conducting audits or inquiries.
So, what exactly do they ask on this form? Well, the new form isn’t available yet, and won’t be until the FCC gets the green light to go ahead and require the information again after a 20-year window. But if it’s anything like the old one, it’s fairly comprehensive. Last updated in 2000, not only does it want to know how many men and how many women work there, and what race or ethnicity they are, you also have to break it down by department and job title. It has nine different levels of hierarchy, including skilled, semi-skilled and unskilled, in addition to sales, techs and management categories. If that wasn’t enough, they break us down into five different categories based on our races. The form itself isn’t specific about what constitutes each racial category, but the instructions do.
Here’s how our federal government in the United States of America divides us up. I’ll begin with the smallest group in 2000, American Indian or Alaskan Native. So, if you can trace your ancestry back far enough and are still maintaining a cultural identification through tribal affiliation or community recognition, you’re in that group. Next up, Asian or Pacific Islander. If you’re from the Far East, Southeast Asia, India, China, Japan or Pacific Islands like Guam or Hawaii, you get lumped in here. Then comes Hispanic. I found this one interesting, because it says, “a person of Mexiacan, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin. That’s basically everyone in the Western half of the Southern hemisphere. The interesting part is it specifically says, “regardless of race.” Second on the list is Black, but not hispanic. This included anyone who’s origin is in any of the black racial groups of Africa. And finally, you guessed it, White, but not hispanic. Also surprising to me was that white was origins in the peoples of Europe, North Africa or the Middle East. Huh. So that means all the Arabs and all the Jews, as well as all the Germans and all the Danes are in the same category. At least, that’s how the federal government saw us back in 2000.
The question now is how will that form be changed? What new categories will there be, if any? Well, there’s reason to believe the form will be very different if and when the new one is released. It can be found in section 67, entitled “Digital Equity and Inclusion.” which states, Finally, the Commission, as part of its continuing effort to advance digital equity for all, including people of color, persons with disabilities, persons who live in rural or Tribal areas, and others who are or have been historically under served, marginalized, or adversely affected by persistent poverty or inequality, invites comment on any equity-related considerations and benefits (if any) that may be associated with the proposals and issues discussed herein. Specifically, we seek comment on how our proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission’s relevant legal authority.
In other words, the FCC isn’t just interested in collecting data. They want to know what kind of data they should collect in order to serve an agenda of digital equity and inclusion. Race and gender aren’t enough anymore. The more categories, the more ways to separate us, right? Although we haven’t seen the new form yet, it’s likely it will ask for such data simply because they’re asking any group that’s ever felt slighted by society for input on how the FCC can include them in the survey. The good thing is, they’re also asking for input on the scope of the FCC’s relevant legal authority. We’ll see how it plays out. If the ruling passes, the first responses will be due in September.
Let’s Go Back liner
1787
In Philadelphia, Pennsylvania, delegates convene a Constitutional Convention to write a new Constitution for the United States; George Washington would preside over the convention. I wonder what George Washington would think of the legacy he left behind if he were here today. His namesake University just blocks away from the White House was a protest site for the tent-pitching Hamas supporters, who dressed the George Washington statue in Palestinian garb and defaced the rest of him. Would he be proud of the way the Constitution was being applied to them, or would he feel the need to make another of his stirring speeches about patriotism. Odds are, if he tried to make a speech, the protesters would shout him down. They’ve already demonstrated their disdain for the father of our country.
1817
Opening of the first private mental health hospital in the United States, the Asylum for the Relief of Persons Deprived of the Use of Their Reason (now Friends Hospital) in Philadelphia, Pennsylvania. That just might be the most politically correct title for a mental hospital I’ve ever heard! Asylum for the Relief of Persons Deprived of the Use of Their Reason. I like it. And it came from 1817. That’s how long it’s been since we began trying to find compassionate ways to describe different mental health conditions. Kinda crazy, huh?
1942
World War II: in the United States, a bill creating the Women’s Army Auxiliary Corps (WAAC) is signed into law.
Play song clip
1948
Israel is declared to be an independent state and a provisional government is established. Immediately after the declaration, Israel is attacked by the neighboring Arab states, triggering the first Arab-Israeli War. Many of those Arab states are at peace with Israel now, which is a big reason the war in Gaza hasn’t spread to a much wider conflict. Israel has few state enemies today. Iran, Hamas and the Palestine Liberation Organization among them. But this war in Gaza has certainly brought many independent enemies out of the shadows.
I find it interesting how the media doesn’t equate the anti-Israeli protesters with White Supremacist groups. After all, they both spout hatred for Jews. Yet one group is considered right wing, and the other is considered left wing.
1955
Cold War: Eight communist bloc countries, including the Soviet Union, sign a mutual defense treaty called the Warsaw Pact. The Warsaw Pact was Moscow’s answer to NATO. Now, many of the areas that were part of the Warsaw Pact are part of NATO, or the North Atlantic Treaty Organization. The Czech Republic, Hungary, Poland, Bulgaria, Estonia, Latvia and Lithuania, Romania, plus parts of the former Czechoslovakia and Yugoslavia. Albania, which is now part of NATO, was kicked out of the Warsaw Pact in 1968.
1970
President Richard Nixon appoints Anna Mae Hays and Elizabeth P. Hoisington the first female United States Army Generals. So, it only took 28 years for women to go from an auxiliary of the Army to Generals in the Army. Here’s the thing: When I was in the Air Force, I’m gonna say it was 1982, I once heard a female soldier answer the phone in the barracks on an Army Post by saying, “Building 402, this is Specialist so-and-so. How may I help you, Sir?” It was obvious she was required to answer the phone in such a fashion, and when she finished her conversation, I asked her how it made her feel to be a female soldier but required to answer the phone with, “How may I help you, Sir?” Her response was, “It’s a man’s Army.”
Phone and email liner
My guest this week is a man who uncovered an old practice that most of us would find shocking today. Mike DiRocco may have stumbled upon a mystery, but the perseverance and conviction in his follow-up led to the discovery of dozens of souls who might otherwise have been forgotten…
Interview not transcribed
That website again is https://wildwoodcemeterypa.com/donations/the-unconsecrated-ground-marker/ . There’s a giving tab at the top of the home page. Hover over it and click on the unconsecrated ground marker to donate. Special thanks to Mike DiRocco for sharing his story. Let me know if you’d like to contact Mike.
The Listening Tube is written and produced by yours truly. Copyright 2024. Thank you for putting your ear to The Listening Tube! Subscribe today. I’m your host, Bob Woodley for thou ad infinitum.
