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Paris Hilton in Jail, But for How Long?; Fleeting Expletives; Space Shuttle "Atlantis" Has Problems; President Bush in Rome
Aired June 09, 2007 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
VERONICA DE LA CRUZ, CNN ANCHOR: Straight ahead in the NEWSROOM, blonde justice. Paris Hilton may be back in jail, but how long will she stay there?
Also this...
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Have you ever tried to get (OBSCENE WORD OMITTED)?
UNIDENTIFIED FEMALE: It's not so (OBSCENE WORD OMITTED) simple.
(END VIDEO CLIP)
DE LA CRUZ: Paris, Nicole Richie and the F word -- can you really say that on television?
The foul-mouthed court battle is on.
Plus, the Mentos and Diet Coke guys -- they win a Webby. The Oscars of the Internet on the rundown this hour.
I'm Veronica de la Cruz in today for Fredericka Whitfield.
Nice to see you on a Saturday, You are in THE CNN NEWSROOM.
Tear gas in Italy -- this new video just in from Rome, where a visit by President Bush is being greeted by violent protests. Police used tear gas against anti-globalization demonstrators who were throwing bottles and other objects.
And we have new concerns this hour, as the Shuttle Atlantis speeds toward the International Space Station. NASA officials now analyzing this tear in a protected thermal blanket on the rear of the shuttle. It happened during last night's launch.
CNN's space correspondent, Miles O'Brien, reports it is the latest in a series of recent headaches for the space agency.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: Four, three, two, one and liftoff of Space Shuttle Atlantis.
MILES O'BRIEN, SPACE CORRESPONDENT (voice-over): It was one hail of a launch. Three months after the Space Shuttle Atlantis got pummeled by a freak hailstorm, the spacecraft left the weather behind, carrying seven crewmen to space after a nearly flawless countdown.
UNIDENTIFIED MALE: We can point to a couple of little problems we had today, but, gosh we shouldn't do that. We should -- we should point to the thousands and thousands that go right to allow this -- this masterful event to happen.
O'BRIEN: They were supposed to fly in March, but at the end of February, a torrent of inch-and-a-half sized hail left thousands of huge divots in the orange foam that coats external fuel tank. Workers spent months filling them in and smoothing them out with what amounts to a giant pencil sharpener.
MICHAEL GRIFFIN, NASA ADMINISTRATOR: I've been enormously impressed.
O'BRIEN: The crew is on its way to the International Space Station. Their mission -- to install a $30 million truss that carries four huge solar wings. They will use two robot arms and three space walks to do the job. They will also pick up station keeper Sonny Williams and drop off her replacement, Clayton Anderson. He is slated to remain in space until the end of October. His mother was bursting with pride.
ALICE ANDERSON, CLAYTON ANDERSON'S MOTHER: I tell you, I'm nervous and I'm proud and I'm numb and I'm excited. And, you know, it's wild.
O'BRIEN: NASA has had little to laugh about this year so far. Before the freak hailstorm, now former astronaut Lisa Nowak, drove halfway across the country in diapers to confront a romantic rival. She now faces a trial on attempted kidnapping charges.
In April, a NASA worker in Houston shot and killed his boss before turning the gun on himself.
And the agency's independent watchdog is under fire for allegedly not doing his job. All in all, a star crossed five months.
GRIFFIN: Put one foot in front of the other, keep working, work on the mission, keep your head down and ignore the distractions. That's all you can do.
O'BRIEN (on camera): But on this day, NASA found its lucky stars. The weather was good and the countdown was nearly flawless. The crew of Atlantis has its work cut out for it still. They can only hope good luck will hold.
Miles O'Brien, CNN at the Kennedy Space Center, Florida.
(END VIDEO TAPE)
DE LA CRUZ: A bad day for Iraqi police officers patrolling in Baghdad. A car bomb killed two people, including one officer. It also wounded 12 people, including six officers. In that same neighborhood, gunmen opened fire on another police patrol. One officer was killed and one wounded.
Once allies, now foes -- some Iraqi insurgents are turning against Al Qaeda militants.
CNN's Karl Penhaul reports.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALES: Allah Akbar!
UNIDENTIFIED MALE: Akbar (ph)!
KARL PENHAUL, CNN CORRESPONDENT (voice-over): This is the masked face of an insurgent backlash. Nationalist anti-American guerrillas and former Saddam Hussein loyalists are turning their sights on Al Qaeda radicals.
UNIDENTIFIED MALES: Allah Akbar!
(VIDEO FOOTAGE IN ARABIC)
PENHAUL: God is great, god damn the Al Qaeda criminals, they chant.
UNIDENTIFIED MALE (THROUGH TRANSLATOR): The Al Qaeda organization has dominated and humiliated Sunnis, Shiites and Jihadis. It has forced people from their homes. They can't get enough blood. They killed many honest scholars, preachers and loyal Mujahedeen.
PENHAUL: Based in Tahrid, a small district 40 miles north of Baghdad, they call themselves the United Jihad Council -- an alliance of battle-hardened insurgent factions, including The 1920s Brigade and the Mujahedeen Army. They say two months of fierce fighting forced even mosques to close.
Last Friday marked the first public prayers since the Jihad Council drove out Al Qaeda.
This worshiper thanks the masked gunmen for taking control of his town. The insurgent greets him with a kiss, then pats him down for hidden weapons.
(VIDEO FOOTAGE IN ARABIC)
PENHAUL: Inside, the faithful listen to the imam's by now customary rant against U.S. Occupation. The message is now mixed with condemnation of Al Qaeda and its brutal tactics.
UNIDENTIFIED MALE (THROUGH TRANSLATOR): We will fight the oppressors, and with god's support, we will defeat Al Qaeda. Al Qaeda made us suffer. They killed our clerics, our children and our women. They left their bodies dumped on the ground.
PENHAUL: Underscoring those words, a shallow grave near the mosque gives up its secrets. These Jihad Council gunmen express surprise this victim was not beheaded. But he was handcuffed, evidence, they say, it was an Al Qaeda execution.
(VIDEO FOOTAGE IN ARABIC)
PENHAUL: Until the split two months ago, nationalist insurgents and al Qaeda militants united in their war against the Americans, as in this firefight in the nearby town of Borutz in 2004.
(on camera): Civilian sources living in the area say the rift came after nationalist insurgents rejected Al Qaeda's calls to enforce extremist Islamic rules. They also opposed the influx of Al Qaeda's foreign fighters and the murder and torture of civilians for even the mildest dissent.
(voice-over): It's a rift U.S. Military commanders in this region are keen to exploit. Similar insurgent infighting was documented in western Iraq earlier this year.
UNIDENTIFIED U.S. SOLDIER: The people have pretty much decided they've discovered that if they want to have a future, if their children want to have a future, if Iraq is going to have a future, that that future is not with Al Qaeda.
PENHAUL: Once divided by common hatred of each other, the U.S. Army and these insurgents have, for now, found a common foe in Al Qaeda.
Karl Penhaul, CNN, Diyala Province, Iraq.
(END VIDEO TAPE)
DE LA CRUZ: A new twist in the story of a Connecticut girl that went missing for a year. The "Hartford Courant" says police are sifting through homemade pornography videos found in the house of a man accused in the case. Adam Gault and two others were arrested Wednesday after 15-year-old Danielle Cramer was found locked in a tiny room at their house. The suspects are charged with unlawful restraint, reckless endangerment and risk of injury to a minor.
Reporter Steven Goode is covering the story for the "Hartford Courant."
(BEGIN VIDEO CLIP)
STEVEN GOODE, "HARTFORD COURANT" STAFF WRITER: Authorities, when they searched the house, they were looking for two things. They were looking for -- they were going for DNA evidence from Mr. Gault, and, also, they were looking for videotaping equipment, cameras, videotapes. They seized those. And a source has told us they've determined that there is pornographic images on these tapes of not just one girl, but several. And they're not sure if Danielle is on these tapes at this point, because the quality is very poor. But he apparently was putting them on the Internet.
(END VIDEO CLIP) DE LA CRUZ: That teen is now under the state's care.
Paris Hilton is back in jail, where she is to undergo psychiatric and physical examinations. A judge ordered the 26-year-old socialite back behind bars yesterday, ending her brief release on house arrest.
Hilton had served three days of a 23 day sentence when the L.A. County sheriff released her Thursday because of an undisclosed medical condition. The sheriff now says he'll wait for word from a judge before letting her out.
Hilton's case raises questions about how the rich and famous are treated by the justice system. More importantly, it puts the spotlight on the cost of drunk driving.
CNN's Carol Costello reports.
(BEGIN VIDEOTAPE)
CAROL COSTELLO, CNN CORRESPONDENT (voice-over): It is a celebrity driven circus, one that's caused angst for news organizations with some poking fun at Paris Hilton's saga.
UNIDENTIFIED FEMALE: Ridiculous.
COSTELLO: And others, like NBC's Brian Williams, who blogged, "She won't make the broadcast tonight."
But for Mothers Against Drunk Driving, Paris Hilton's saga should make the news. Her face should be plastered on every newspaper across the country, because her crime is more than Hollywood driven gossip. It highlights the most prolific violent crime in our country -- drunk driving.
GLYNN BIRCH, MADD NATIONAL PRESIDENT: The deaths should be going down.
COSTELLO: But they've been going up. Deaths caused by drunk drivers are at an all time high since 1992 -- nearly 18,000 nationwide killed in 2006 alone.
And who is most at fault?
According to the government, people 20 to 29 years old. The very group, says MADD, influenced by celebrity behavior.
Consider this -- we did a quick check and found in just the last year-and-a-half at least 16 celebrities were arrested for DUI. Hard to understand when all of them can afford limousines to drive them around. But like all who get behind the wheel allegedly drunk...
BIRCH: They know what they're doing. It's just that no one thinks that it's ever going to happen to them.
COSTELLO: There are jurisdictions trying to break people of that mindset. In Long Island, New York, Prosecutor Kathleen Rice considers drunk drivers criminals. Her change in attitude came after this horrific crash captured by a dashboard camera.
A drunk driving the wrong way on the highway slammed into a limousine carrying the Flynns. Their little girl, Katie, was decapitated.
Prosecutor Rice charged the drunk driver with murder. He was convicted.
(on camera): Hilton's original sentence was 36 months probation, a $1,500 fine and alcohol education. MADD says that's a pretty normal sentence, and not nearly enough for a first time offender.
Carol Costello, CNN, New York.
(END VIDEOTAPE)
DE LA CRUZ: And, by the way, despite what was said in Brian Williams' blog, Paris Hilton was featured on the NBC evening news last night.
So we've touched on what she did and how the media has covered it.
We bring in our legal advisers next to look at the issues raised by Paris going to jail, getting out of jail and then going straight back.
And later...
(BEGIN VIDEO CLIP)
DR. TREY WILSON, NEW YORK DENTIST: Every single one of us has that capacity to be of service to others and I just did something about it.
(END VIDEO CLIP)
DE LA CRUZ: He is our CNN Hero this weekend -- a dentist who not only fills cavities, he also fills the needs of people living half a world away. His story coming up in 10 minutes.
And television brings a lot of things into our homes -- news, entertainment -- but obscenity?
A new court ruling loosens the controls on what can and can't be said on TV.
You're watching CNN, the most trusted name in news.
COMMERCIAL
DE LA CRUZ: Well, we will always have Paris -- Paris Hilton, that is. In jail, she's out of jail, she's back in jail. When she was briefly allowed to leave jail to serve the rest of her sentence under house arrest, some people said she was getting star treatment. Others said the average person wouldn't have been sent to jail in the first place for a non- violent offense.
So let's go ahead now and ask our legal experts, who always get the star treatment from us.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Oh, boy. I don't know.
DE LA CRUZ: Avery Friedman -- hello -- is a civil rights attorney and law professor.
And Richard Herman is a New York criminal defense attorney and law professor.
Hello to you both.
FREIDMAN: Hi, Veronica.
Nice to be with you.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY, LAW PROFESSOR: Hi, Veronica.
Nice seeing you.
DE LA CRUZ: Hello.
All right, Avery, what do you think? Was the punishment just or did the judge go too far?
FREIDMAN: The judge did exactly what he was supposed to do. What's so mind blowing to me about this, Veronica, is that on May 4th, the judge made clear no electronic monitoring. There's not going to be a release. And then out of the blue, she is released.
Now, the sheriff wanted to have her released, felt that he had the authority. But when these issues arise -- and this is very important to understand, Veronica -- in a case like this, when a judge enters an order, you respect the order or you appeal it.
So what Judge Michael Sauer did here was exactly right.
DE LA CRUZ: All right, so, Richard, let's go to you now.
This really has turned into an interesting legal issue between the judge now and Sheriff Lee Baca.
Do we ever see anything like this?
HERMAN: No, Veronica. Only in California. Only in la-la land can things like this happen.
But I've got to tell you, what's an abomination is yesterday there were 28 brave soldiers who experienced fatalities on behalf of the United States. And all the news covered was Paris Hilton whining, crying for mommy. Just incredible.
Apparently in California, when you get 45 day sentences, that gets reduced immediately to 23 days. And then you only have to do 10 percent of that time. And this is what local California criminal defense attorneys say.
So, in reality, what happened here was that Paris Hilton got sentenced higher than any other defendant similarly situated like her. That's what the problem is here. This judge may be looking to make a circus out of this.
FREIDMAN: Oh, no.
HERMAN: I don't know.
DE LA CRUZ: Do you think so?
HERMAN: I don't know.
DE LA CRUZ: Do you guys feel that the judge...
FREIDMAN: No.
DE LA CRUZ: ... really is trying to make a name for himself...
FREIDMAN: No, this judge has been on the bench...
DE LA CRUZ: Anybody get that sense?
FREIDMAN: Veronica, this judge has been on the bench for 35 years. He's actually, as a lawyer, argued two cases at the U.S. Supreme Court. He treated Paris Hilton the way Paris Hilton should have been treated. The judge did it right.
You know what?
Paris Hilton had four lawyers on this case and a sheriff who has his own lawyers. He promised, at least according to one report, that he was going to petition the court -- that is, the sheriff -- to request a deviation from the order to let her out, and he never did it.
DE LA CRUZ: Well, Avery...
FREIDMAN: Let me ask you about this sheriff, Sheriff Lee Baca.
Now what happens?
I mean can he be held in contempt?
FREIDMAN: Well...
HERMAN: Veronica, he is...
FREIDMAN: Go ahead.
HERMAN: I'm sorry...
FREIDMAN: Go ahead, Richard. Go ahead.
HERMAN: He's not going to be held in contempt, Veronica. Apparently the sheriff's office was supposed to give the judge certainly information concerning her medical -- her "medical condition."
FREIDMAN: Right.
HERMAN: I don't know what that's all about, but I've got news for you, anybody that's going into prison now is going to -- in California -- is going to get on some kind of medical regime and then just go off the meds when they go in and fail to tell the jailers what medicine they're on, so perhaps they can get out. I mean this is so preposterous.
FREIDMAN: Yes, it really...
HERMAN: This is ridiculous.
FREIDMAN: ... you've got to tell them -- if you're going to modify an order, you're going to do something the judge says you can't do, doggone it, you'd better tell the judge what's going on. I don't understand how four lawyers for Paris Hilton and the legal backup team for the sheriff could have let this happen. I think there's huge responsibility, obviously, on Paris Hilton.
But what in the world was this sheriff thinking?
What arrogance.
HERMAN: And, Veronica...
DE LA CRUZ: Yes?
HERMAN: And, Veronica, if you're taking...
DE LA CRUZ: Yes, Richard, what...
HERMAN: ... if you're taking psychotropic medicines on a daily basis and you know you're going to be in prison for a few days, you have an obligation to tell the prison what you're taking.
FREIDMAN: Absolutely right.
HERMAN: She didn't do that.
FREIDMAN: Right.
HERMAN: She didn't do that.
DE LA CRUZ: All right...
HERMAN: She stopped taking them. She stopped eating. I mean...
DE LA CRUZ: All right. But both of you, I want to ask you one more question before I let you go.
Through all of your years of practicing law, do you truly believe that there is a two-tiered system, which a lot of people, because of this case believe there is?
FREIDMAN: The answer is absolutely yes. And Paris Hilton is the best example of that.
HERMAN: Well, absolutely in California there is, Veronica. I'll say that. Absolutely.
DE LA CRUZ: All right, Avery Friedman...
HERMAN: We agree.
DE LA CRUZ: Finally. You finally, you finally agree.
All right, Avery Friedman and Richard Herman, we'll be talking to you in a bit.
Don't go -- don't go too far.
HERMAN: OK.
DE LA CRUZ: A war of words over swear words. A U.S. Court takes issue with the FCC's version of can and can't be said over the airwaves. The controversy and what it all means. That's coming up 10 minutes from now.
But first, what makes a hero?
CNN is taking the time to find some people we feel deserve that title. This week's hero shows that a dentist can change the world. That's coming up next.
COMMERCIAL
DE LA CRUZ: Here are some of the most popular stories on cnn.com.
Paris Hilton crying and calling for mom after being sent back to jail. The judge not willing to let her serve out a 45 day sentence for parole violation at home. Hilton is due to undergo physical and psychological testing this weekend.
Prison escape -- Kelly Frank once accused in a plot to kidnap David Letterman's son on the lam, running away from a work farm in Montana. Frank was serving 10 years in a plea deal for crimes against Letterman.
Also, on that list, President Bush at the Vatican getting a warm greeting from Pope Benedict. The president says that he was in awe.
Just a couple stories on that most popular list at cnn.com. Young, professional and rich -- these three words could describe New York dentist Dr. Trey Wilson. But they don't define him. And that's because he takes his dental office on the road, providing dental care to Kenya's poor. And that's what makes him a CNN Hero.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: Are you going to introduce yourself?
WILSON: OK.
UNIDENTIFIED MALE: First (OBSCENE WORD OMITTED).
WILSON: Every single one of us has that capacity to be of service to others. And I just did something about it.
I'm Trey Wilson.
I live in New York City.
And I provide free dental care and dental education to Kenyans.
Dental care in Kenya is virtually non-existent. When I arrived in Kenya, routinely I saw in my clinic 4-year-olds with 20 teeth that needed to be extracted.
I bring a team of dentists and volunteers who provide dental care in two clinics that we have established, in Kitale, which is the fifth largest city in Kenya.
When we arrive in the morning, there are already 400 or 500 people assembled, ready to be seen.
My organization gives patients the opportunity to have their teeth fixed. We provide dental education and we hand out toothbrushes to people.
There was a woman who waited seven hours to see me, because, she said, "I like my smile and I won't have anything to smile about if they pull my front tooth."
I think that it would be a good idea to try to save that tooth.
She was so happy that her beauty -- I mean, her beauty really came out.
Give me a hug.
All right.
My life would have been a Monday through Friday, Madison Avenue dentist, getting in my car and driving out to the country and gardening all weekend. But I had a revelation that with just a little bit of effort, I can make a huge impact.
UNIDENTIFIED MALE: Thank you. WILSON: All of us are far more resourceful than we ever think we are. And we have much more to give than we think that we have.
(END VIDEO TAPE)
DE LA CRUZ: Do you know someone who is doing exceptional things, someone that you would like to nominate as a hero?
You can find out more online at cnn.com/hero.
Well, TV is a big part of many of our lives.
But what should be allowed on the air waves?
How about this?
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Have you ever tried to get (OBSCENE WORD OMITTED) Prada purse?
UNIDENTIFIED FEMALE: It's not so (OBSCENE WORD OMITTED) simple.
(END VIDEO CLIP)
DE LA CRUZ: A new court ruling. Hear the arguments on both sides. That's coming up next in THE NEWSROOM.
Plus, the Congressman with the cold hard cash -- now he is facing corruption charges. William Jefferson prepares for a court battle. That's 15 minutes ahead.
And later, it is the awards show with the world's shortest acceptance speeches.
How short is short?
Jean Moos brings us the best of the Webby Awards.
COMMERCIAL
DE LA CRUZ: You can't say that on TV -- or can you?
A federal appeals court this week struck down an FCC policy on indecency.
So what does that mean broadcasters can't be fined for airing the F word?
What does it mean?
CNN's Josh Levs is here to break it all down for us.
Does that mean that can we say anything we want?
JOSHUA LEVS, CNN CORRESPONDENT: Well, not necessarily, because we have to answer to some other people, aside from the government.
DE LA CRUZ: That's right.
LEVS: ... those of us around here.
DE LA CRUZ: All right. My lips are sealed.
LEVS: Yes, I know. We've all got to be careful, trust me.
In fact, let me tell you, in case you're concerned about this, I'm going to be telling you story without airing any of the words that would likely concern some people. We will be bleeping them out, but they were not bleeped originally, which is why they're an issue.
We're going to tell you now about a really important court decision. A court found that this one set of government rules just might be unconstitutional.
(BEGIN VIDEOTAPE)
LEVS (voice-over): Cher used the F word at the 2002 Billboard Music Awards. The next year, at the same ceremony, came this: the words were not bleeped.
NICOLE RICHIE: Have you ever tried to get cow (bleep) out of a Prada purse? It's not so (bleep) simple.
LEVS: They're called "fleeting expletives." Traditionally, the government did not go after networks for these lives situations, but President Bush has taken a tougher stance against indecency. Congress passed and he signed a bill multiplying the maximum fine by ten, up to $325,000.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: It's going to help American parents by making broadcast television/radio more family-friendly.
LEVS: But is it legal for the FCC to fine for fleeting expletives? A federal appelate court in New York ruled no, because the FCC has not provided a reasoned basis for changing its policy. The court also noted the FCC was OK with swear words when "Saving Private Ryan" played on network television. The court said the FCC's subjective rules may violate the First Amendment.
And the court said the words at issue aren't always used literally, to describe sexual or excretory activities, words the FCC can regulate. The court noted how President Bush used the S word in a conversation with Tony Blair that was caught on a microphone, and how Vice President Cheney told Senator Patrick Leahy to, you know.
FCC Chairman Kevin Martin slammed the court's decision in a statement using both words "multiple times." He said children watch at certain hours and he fears that if the FCC cannot block these fleeting expletives, Hollywood will be able say anything at any time. That fear is nothing new.
In 1939, producers of "Gone With the Wind" had to pay a $5,000 fine for using the D word.
CLARK GABLE, "RHETT BUTLER" IN "GONE WITH WITH THE WIND": Frankly, my dear, I don't give a damn.
(END VIDEOTAPE)
LEVS: And so, this battle has really existed in every single generation and what we're seeing now is the latest incarnation of it, this concern about fleeting expletives. Now, the FCC can appeal this thing, but for now, given the court's decision, Veronica, the networks don't have to be so afraid of, let's say some more rebellious performers who may come up to accept an award at an award show.
DE LA CRUZ: But wait -- wait a second, because you just said the networks, so this really truly only affects the broadcast networks, but since we're on cable, we're in the clear? Is that right?
LEVS: Like I said, we're in the clear, but we got some people watching upstairs who don't think of us that way. But absolutely, yes, legally, we are.
DE LA CRUZ: Right, well that -- that's truly amazing to me. You're saying how many people watch cable and satellite these days, the percentage of people that do that is extremely high, it's like in the 80s.
LEVS: It is, it's 86 percent of homes that have television now are watching on cable or satellite, and those are not the public airwaves, so all these rules date back to the whole idea that broadcast networks are being given the privilege of using public airwaves to send out their programming, so therefore, the government could have that kind of involvement.
Cable programming and satellite is not under the same restrictions that broadcast is.
DE LA CRUZ: So interesting, all right. You hold that thought.
We're going to go ahead check now with our legal experts. They're back. We're going to try to keep the language as clean as possible, as they discuss this obscenity ruling.
Once again Avery Friedman, Richard Herman, hello to you both.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hello.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hello there.
DE LA CRUZ: Keep it clean, keep it clean. Let's talk about the ruling and whether or not this could go all the way to the Supreme Court. Avery?
FRIEDMAN: Well, I think -- actually, I love this ruling, Veronica. I love what happened here. And indeed, it could head to the Supreme Court, but Josh sort of touched on it in his package when he said that what the FCC may be inviting is a holding that limiting blurts, limiting fleeting expletives may violate the First Amendment.
All the Court of Appeals did this week in a careful, thoughtful opinion, is say the FCC went too far on blurts, on fleeting expletives. It could be unconstitutional, but we're not going to go that far.
LEVS: You know what, if I can just jump in after that ...
DE LA CRUZ: Sure.
LEVS: I appreciate that you pointed that out ...
DE LA CRUZ: Josh, you hang out. Feel free.
LEVS: OK, thanks. I feel like I just got invited to the party, this is great.
All right, here's what I'm wondering. You know, the court's complaint here is that it's arbitrary and that it's subjective, but here's this group called the FCC, this commission from the government that can decide, well, here's it's offensive, here it's not. But my question is, isn't it always like that legally? I mean, if at any time the FCC can create a rule, isn't it always going to be inherently subjective?
FRIEDMAN: Well, not really, because there must be some rational foundation behind the rule. In this case, there's very little programmers can do about the fleeting expletive. What are you going to do? You can't sit there with a bleep all day. And in fact, since the 1930s, we know that the fleeting expletive has been looked askance by the FCC saying, look, we can't control it.
It's only been since 2006 that Kevin Martin and this FCC said no exceptions, if you blurt like you or Veronica or anybody else, you can be fined.
DE LA CRUZ: My -- my lips are sealed, Avery.
Let's get Richard in on this for a second. Richard, how do you think future programming might be affected by the networks? And if you could advise the networks right now, what would you say?
HERMAN: Well Veronica, I think they're going to feel empowered by this decision, and I think they're going to look to test the FCC, because I think the inherent -- the feeling out there is still -- just a lot -- if these are mistakes, you're not going to sit and start fining them ten times what the original fine was before this new statute was enacted.
But what the court said was that, and the vagueness statute, the vagueness concept was defined by Supreme Court (INAUDIBLE), city of Rockford, a statute as unconstitutionally vague. If either, it fails to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited or, two, fails to provide explicit standards for those who apply the law. Now, do you know what that means? FRIEDMAN: What, what?
DE LA CRUZ: Avery doesn't, fill him in.
LEVS: That's for vagueness.
FRIEDMAN: Look, look, the 2 to 1 panel, the Federal Court of Appeals said that the FCC was, "divorced from reality." And you know what? The panel was right. Interestingly enough though, the dissent, the Clinton appointee said that it was the Court of Appeals that was divorced from reality when it came to obscenities. This case is far from over.
DE LA CRUZ: Avery, I know you love this case, so give me a couple of your predictions here. What's next for the FCC?
FRIEDMAN: The FCC will now request the entire Federal Court of Appeals in New York to reconsider the ruling, and it will lose again. Look for this case heading to the U.S. Supreme Court.
LEVS: Do you think the Supreme Court will take it? You think they would take it up, actually be heard?
FRIEDMAN: No, because I think we're going to see some changes, because by the time that happens, we're going to have a brand-new bunch of commissioners. It'll never get there.
DE LA CRUZ: All right, Avery Friedman ...
HERMAN: (INAUDIBLE) no sympathy -- no sympathy in the Court of Appeals in New York, and the Supreme Court will not accept this case.
FRIEDMAN: Right.
DE LA CRUZ: Richard Herman, last word. Nice to see you both. Josh Levs, nice to see you.
FRIEDMAN: Nice to see you.
LEVS: Thank you.
HERMAN: Good to be here. Have a good day.
DE LA CRUZ: Well, it had support from the president and powerful members of both parties, so why is an immigration reform bill so far failing in Congress? We're going to get that story next in the NEWSROOM.
And government ethics is back in the news. This time, a Democratic Congressman charged with wide-ranging corruption. You're watching CNN, the most trusted name in news.
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DE LA CRUZ: President Bush trying to revive that controversial immigration reform bill that was proposed and then promptly opposed by Republicans and Democrats. Senate Democratic leaders have set the bill aside with no promise to return to it.
CNN Congressional Correspondent Dana Bash reports on what killed the bill.
(BEGIN VIDEOTAPE)
DANA BASH, CONGRESSIONAL CORRESPONDENT (voice-over): Last month, bipartisan bargainers announced their immigration deal with fanfare and optimism.
SEN. JON KYL, (R-AZ): It represents the best opportunity that we have in a bipartisan way to do something about this problem.
BASH: Now, standing at the same podium just a few weeks later.
KYL: Yes, I am disappointed.
BASH: So, how did the grand bargain turn into the great collapse? The classic Washington blame game has begun. Exasperated supporters say it was fear-mongering.
SEN. DIANNE FEINSTEIN, (D-CA): I've listened to talk show hosts drumming up the opposition by using this word amnesty over and over and over again, and essentially raising the roil of Americans to the extent that, in my 15 years, I've never received more hate or more racist phone calls and threats.
BASH: But those against citizenship for illegal immigrants say their opposition was hardened by insulting statements from the president.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: If you want to kill the bill, you don't want to do what's right for America, you can pick one little aspect out of it, you can use it to frighten people.
BASH: Some Republicans and even Democrats blame Senate Majority Leader Harry Reid for trying to limit senators' ability to change the controversial bill.
SEN. EDWARD KENNEDY, (D-MA): I personally believe that if we had taken more time, we would have had an opportunity of reaching a conclusion.
SEN. JOHN CORNYN, (R-TX): The Democrat majority leaders squandered an opportunity. We were very close, I think within a matter of days of being able to complete this bill.
BASH: Most Democrats accuse Republicans of stall tactics.
SEN. KEN SALAZAR, (D-CO): You know, they kept asking for six more hours, or 12 more hours. It's been going on for two weeks. The fact is there were some members on the Republican side that didn't want the bill.
BASH: Then there's this: blame everyone.
SEN. ARLEN SPECTER, (R-PA): I think that Democrats were wrong, but the Republicans were wrong-er, to use a word which doesn't exist.
BASH (on camera): Authors of the immigration compromise are vowing to press on, insisting the bill is not dead yet. In fact, President Bush will be here on Capitol Hill early next week to rally support. But the reality is the Senate's schedule is jam-packed as Democratic leadership aides say they just don't see how immigration is brought back to life.
Dana Bash, CNN, Capitol Hill.
(END VIDEOTAPE)
DE LA CRUZ: President Bush admits the immigration bill isn't perfect, but in his weekly radio address, he urges Congress to try again.
(BEGIN AUDIO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Securing the border and upholding family values are not partisan concerns. They're important to all Americans and must be addressed, and this bill is the best way to do it. I urge Senator Reid to act quickly to bring this bill back to the Senate floor for a vote and I urge senators from both parties to support it. The immigration debate has divided too many Americans. By coming together, we can build an immigration system worthy of this great nation.
(END AUDIO CLIP)
DE LA CRUZ: The immigration bill would affect some 12 million people who are here illegally.
Congressman William Jefferson arraigned on federal corruption charges. After entering a not guilty plea, the Louisiana Democrat vowed to fight to clear his name.
CNN's Brianna Keilar has more.
(BEGIN VIDEOTAPE)
BRIANNA KEILAR, CNN CORRESPONDENT (voice-over): Embattled Congressman William Jefferson is vowing to take on the Justice Department.
REP. WILLIAM JEFFERSON, (D-LA): I am absolutely innocent of the charges that have been leveled against me, and we're going to fight -- I'm going to fight my heart out to clear my name.
KEILAR: In a federal courtroom in Virginia, Jefferson entered a plea of not guilty to 16 charges, ranging from soliciting bribes to racketeering to money laundering.
JEFFERSON: This is not who I am. This is not what I have done.
KEILAR: Government prosecutors allege Jefferson received more than a half million dollars in bribes, and sought millions more using a network of family companies to hide the money. One of the allegations that in 2005, Jefferson solicited a bribe from a government informant in return for promoting a company's joint venture in Nigeria.
CHUCK ROSENBERG, U.S. ATTORNEY: Mr. Jefferson requested $100,000 in cash from the cooperating witness. Mr. Jefferson said he would provide the $100,000 in cash to the Nigerian official as a bribe payment.
KEILAR: Shortly after the alleged exchange, the Justice Department says $90,000 of that money was found in a freezer in Jefferson's Washington home. For the first time, Jefferson talked about the so-called cold cash.
JEFFERSON: Did I bribe a foreign official? Absolutely not. The $90,000 was the FBI's money. The FBI gave it to me as part of its plan, part of their plan that I would give it to the Nigerian Vice President, but I did not do that.
KEILAR (on camera): Jefferson's trial date has been set for January 16th of next year. He insists he has served his constituents honorably and will not resign from the House of Representatives.
Brianna Keilar, CNN, Washington.
(END VIDEOTAPE)
DE LA CRUZ: All right, are you planning your summer beach trip? Before you pack your swimsuit, you have to know where the best beach in the nation is. We're going to tell you next in the NEWSROOM.
Thank you all very much. OK, that's five words, and that is all the time you get when accepting a Webby award, five words and then the band plays. The highs and lows of the best of the Web awards. That is 10 minutes away.
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DE LA CRUZ: All right, you know what I mean when I say some of those videos on YouTube and similar sites are so good, that you want to watch them on something bigger than your computer screen, right?
Well, CNN's Reynolds Wolf talks to an expert about how to make that happen.
(BEGIN VIDEOTAPE)
REYNOLDS WOLF, CNN CORRESPONDENT: You ever see a really cool video on YouTube and you just wished that somehow, some way, you could have it on a bigger screen, maybe your TV?
Well, Brian Cooley of cnet.com is here with us, and you can tell us how that can be done.
BRIAN COOLEY, CNET.COM: It's a whole new era, Reynolds. There are products on the market now that are addressing that need because there's so much great Internet video.
Let's start with this thing here called the sling catcher. It's related to the sling box a lot of folks know. What this does though, among its other traits, is be able to take whatever's on your computer screen, and bounce it to your television, so this thing sits over by your TV, and pulls your computer's picture, and puts it up on a bigger screen. Now, it can't make it perfect quality, but it can help scale it so it fits that screen and doesn't look too bad.
Apple, of course, is getting huge headlines for Apple TV. This guy is a little more expensive, $300 versus $200 over here. But this is going to take all your iTune, TV, movies, as well as music, and bring that over to your home entertainment center, so it pulls it from the computer that you downloaded that iTunes stuff too, but it's very iTune-specific.
WOLF: I see.
COOLEY: Last one I like is from Netgear, a network-making company, it's called the Digital Entertainer. And this seems to apply to the most kinds of content and has the most ways of putting the content out. It's like a swiss army knife of these kinds of devices. A little more expensive, you're going to pay around $400 for it, but it has perhaps the broadest support for whatever you may want to watch in the future.
WOLF: Are they all pretty user-friendly?
COOLEY: Yes, they all know television is a user-friendly medium. It's not like a computer, so they've worked very hard to keep it that way. Apple TV is the best of bets so far.
WOLF: OK, Brian Cooley, cnet.com, thank you very much.
COOLEY: You bet.
(END VIDEOTAPE)
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DE LA CRUZ: The best beach in America, its location might surprise you. It's a remote stretch of sand on Ocracoke Island on North Carolina's Outer Banks. The annual list is put together by a Florida professor. The beach is so remote, you can only get there by ferry, private boat or plane. And until this year, beaches in Florida and Hawaii had always topped that list. And North Carolina's Outer Banks -- doesn't sound too bad, I mean, as long as the weather's nice, right Jacqui?
(WEATHER REPORT)
DE LA CRUZ: OK, you just won an award for being the best on the Web, so what do you have to say?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Thanks, mom, whoever you are.
(END VIDEO CLIP)
DE LA CRUZ: Five words, that's it, and that is par for the course at the Webby awards. Our Jeanne Moos was there, and we're going to have her story next. You're watching CNN.
(COMMERCIAL BREAK)
DE LA CRUZ: The stars of the virtual world. You've probably seen them, or maybe you've heard of them if you cruise the Internet.
CNN's Jeanne Moos gives us a look at these year's Webby Award winners.
(BEGIN VIDEOTAPE)
JEANNE MOOS, CNN CORRESPONDENT (voice-over): Only at the Webby's would this lame joke seem endearing.
ROB CORDDRY, HOST, WEBBY AWARDS: Knock knock.
AUDIENCE: Who's there?
CORDDRY: Ya.
AUDIENCE: Who?
CORDDRY: That's my favorite search engine.
MOOS: If you're searching for Internet stars, this is the red carpet for you. There's lonely girl 15, winner of the best actress Webby. They're the two guys who created YouTube.
UNIDENTIFIED MALES: YouTubers, this is for you.
MOOS (on camera): The night is long, but the speeches at least are short, no more than five words allowed.
UNIDENTIFIED MALE: Thanks, mom, whoever you are.
MOOS (voice-over): Five words, even if you're the CEO of eBay.
UNIDENTIFIED FEMALES: Bidding starts at 99 cents.
MOOS: Even Facebook didn't get much face time.
UNIDENTIFIED FEMALE: I'm just here for Bowie.
MOOS: That would be David Bowie, winner of the Webby for lifetime achievement.
DAVID BOWIE, LIFETIME ACHIEVEMENT WINNER: I only get five words -- (bleep), that was five.
MOOS: Bowie on the same stage as Monkey Mail? UNIDENTIFIED FEMALE: And the Webby goes to Monkey Mail.
MOOS: It lets you put your voice in a chimp's mouth.
UNIDENTIFIED MALE: Monkeys are funnier than people.
MOOS: Monkeying around at the Webby's were the Beastie Boys, Webby Artist of the Year. Their five words ...
BEASTIE BOYS: Can anyone fix my computer?
MOOS: The co-creators of YouTube were asked about their favorite on-line videos.
UNIDENTIFIED MALE: With water buffalo, lions, and a crocodile ...
MOOS: A lion catches a water buffalo calf, then the lions almost lose the calf. To the rescue, the whole herd of water buffalo, they beat up the lions, then re-claim their calf. Hard to top that, but YouTube co-founder Steve Chen (ph) picked this favorite.
STEVE CHEN, CO-FOUNDER, YOUTUBE.COM: Video of a human slingshot.
MOOS: They didn't try that stunt at the Webby's, but they did try this one. Eighteen million people have watched what happens when Mento mints react with Diet Coke, so what better finale for the Webby's than to perform it live, using strings to pull open caps, releasing Mentos into the Coke.
MOOS (on camera): So, you're soaked, right?
UNIDENTIFIED MALE: Oh yes, we are soaked to the skin.
MOOS: For a year, these two have made a living performing the Coke and Mentos routine. Practice makes perfect. Better keep their Coke and Mentos away from your computer.
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