Bad Bunny’s halftime show has garnered lots of different reactions, but one of the strangest has certainly been the claims by some lawmakers that the show was “illegal.”
Representatives Randy Fine, Andy Ogles, and Mark Alford both have threatened to go to the Federal Communications Commission, and Fine has repeatedly sent a letter to the FCC. Fine has demanded that NBC and the NFL be fined for indecency, and Ogles wrote to the House Energy and Commerce Committee asking for a Congressional inquiry into the issue.
What is the law?
The complaints appear to be based on the idea that if certain words from the lyrics sung at the halftime show had been sung in English, they would have been indecent under the law. This claim, in turn, seems to be based on the idea that there is a list of forbidden words in federal law. That idea seems to be based on Comedian George Carlin’s bit on “seven dirty words.” Federal law is not based on 1970’s comedy routines.
The FCC actually says, “It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. The Federal Communications Commission (FCC) defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.”
Was the show indecent?
Some observers are claiming that the dancing in the show was indecent. Since indecency is based on the “contemporary community standards for the broadcast medium,” we don’t think that would stand up. For example, consider the dancing of the Dallas Cowgirls, as shown in the screenshot below. Racy displays during football games are generally acceptable to sports fans and television audiences.
As for the possibility of indecent lyrics, Bad Bunny actually cleaned up the lyrics to the songs he performed.
So no, under the law, the show was not indecent. It is not clear what saying the show was “illegal” would actually mean, but if the congressmen meant that it was subject to prosecution for indecency, they are mistaken. The FCC has already decreed that the show did not violate any laws.
There is a little bit of irony in people complaining that the songs were in a language that nobody can understand and also contained offensive language, but that is another conversation.
What is the point?
While it is not impossible that these congressmen found the show offensive, it is likely that there is some political motivation behind their objections. Political figures were complaining about the NFL’s choice of an artist for the halftime show before the show even took place. Those opposed to Bad Bunny’s show actually created a much less popular alternative show featuring Kid Rock, known for his indecent and offensive lyrics. The calls for retribution may just be a continuation of the earlier complaints.
Observers have claimed that objections to Bad Bunny are xenophobic. “The Bad Bunny Super Bowl saga may actually become an important political moment. Conservatives, in their efforts to highlight Bad Bunny’s ‘otherness’ – despite the United States being the second-largest Spanish-speaking country in the world,” said an article at The Conversation,”may have unwittingly educated America on the U.S. citizenship of Puerto Ricans.” The position described is not really a conservative position; it is an extreme one. But we hope that the controversy does help to focus attention on Puerto Rico’s political status.
People who are more informed about Puerto Rico, polls show, are more likely to support statehood.
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