Don, Joan, John, and Some Burnin’ and Lootin’

Word is that Don Imus may sue CBS for the 40 million or so left on his contract. He has hired Martin Garbus who is a famous, first amendment lawyer. Based on his record, Garbus is a fine attorney and, if the case is filed, I’m sure he will represent Imus well. But, this isn’t a first amendment case. It would be a case about wrongful termination.

Here’s a quote from a CNN piece regarding language in Imus’ contract at CBS…

The language, according to this source, was part of a five-year contract that went into effect in 2006 and that paid Imus close to $10 million a year. It stipulates that Imus be given a warning before being fired for doing what he made a career out of - making off-color jokes. The source described it as a “dog has one- bite clause.” A lawsuit could be filed within a month, this person predicted.

So, that would be one issue, did CBS warn Imus. Even if they did warn him, there must also be some type of wording in the contract about the type of behavior that could get Imus fired. I think the only way to do that would require mentioning F.C.C. regulations and/or profanity.

Did Imus break F.C.C. rules? He’s a smart man and, possibly, the reason he brought up references to rap music early on in this affair is that there is a genuine comparison. If the same type of language is played on the radio in another format; how can you prove that he he broke the rules.

The same thing applies with profanity. You’re going to have to go with the F.C.C. definition of profanity. Any definition of profanity, without specifically listing particular words (you know the George Carlin bit) is nebulous and would be easy to contest.

So, I think Imus hired Garbus as a P.R. move and it’s a good one. The public loves the free speech/first amendment debate. CBS will settle because it will be in their best interests to put the matter to rest. Imus will get his dough and accomplish some damage repair.

Joan Baez says she doesn’t know why she is not being allowed to perform at Walter Reed.
Here’s a quote from Yahoo news…

“I have always been an advocate for nonviolence and I have stood as firmly against the Iraq war as I did the Vietnam War 40 years ago,” she wrote. “I realize now that I might have contributed to a better welcome home for those soldiers fresh from Vietnam. Maybe that’s why I didn’t hesitate to accept the invitation to sing for those returning from Iraq and Afghanistan. In the end, four days before the concert, I was not ‘approved’ by the Army to take part. Strange irony.”

Yeah, that is ironic isn’t it Joan. I got nothing against Joan, I think it’s obvious she’s out of touch. You know these soldiers weren’t born when she was actively protesting the military, not just the war, during Vietnam and I’m sure most of them don’t know her and couldn’t care less about hearing her sing. If they did know her history I’m quite sure many would be offended and definitely wouldn’t want to hear her sing.

But, the bottom line is it doesn’t matter why she was asked to not attend. It’s the Army making the call and they don’t need a reason.

There is something a little deeper here though. See, this was a John Mellencamp event and he invited Baez to sit in. John clearly has an agenda here and he’s being chickenshit. He should be smart enough to know that the Army wouldn’t want Baez there. He’s against the war and that’s fine. If the Army asked to come, he has two choices. One, go sing “This Is My Country”, support our soldiers, shut up and go home. Two, make an issue of his protest of the war by refusing to play and issue a press release saying something like; “I was asked by the Army to go to Walter Reed but because of my disagreement with this administration’s policy in Iraq, I can’t, in good conscience, perform as it would be an endorsement of this war.”

But no, he couldn’t take the high road or the middle road, he opted for the dirt road to make his point by using Joan Baez as a heel.

I’ve been listening to a great, classic record while writing; “Burnin’” by The Wailers. This disc was before Peter Tosh and Bunny Wailer left to pursue solo careers and Bob Marley went on to huge fame. I have seen an old clip, maybe from Midnight Special, where they were promoting this album. Great songs, socio-political themes, outlaw aesthetic and all that but what struck me when I saw the old T.V. footage, and as I’m listening now, was, what a tight, funky band.