[Kzyxtalk] Restoration of Safe Harbor at KZYX&Z

[nsi at mcn.org]

Thank you Dennis, for pursing this. This policy may also fall into the
category of 'Prior Restraint'.

 Mary Aigner restrained Norman deVall from interviewing Laura Hamburg,
days before the Measure B election that restricted Mendocino County
residents from growing more than 6 cannabis plants no matter their medical
needs. (Until the California Supreme Court ruled elsewise shortly
afterwards). Mary's  reason was  that  Laura was the organizer of the
resistance to the Measure. That's how convoluted it got at KZYX after
Aigner dug in.  Every First Amendment right was superceded by the
restrictions imposed by the major grants that paid Aigner's salary for a
position the station hardly needs.  

Early on in the station's history, during a period when I provided the
only daytime public affairs programing on a 2 hr. weekly show called 4th
GAte GAzette, I used the 'Prior Restraint' doctrine when the FBI sent 2 men
to the Philo studio and told the General Manager KZYX could not broadcast
any news reports about the bombing of Judi Bari's car that did not
originate from the FBI news releases. 
 A Notice was posted on the window re the prohibition (people from Oakland
were regularly phoning in reports after Judi was bombed) the DJ at the
console at the time called me and I told him it was an act of 'Prior
Restraint' and to tear the notice down, throw it away and continue putting
callers on the air.  He did and that was the end of the FBI's resistance to
KZYX's coverage of the attempted assassination of this brave, local woman,
leader of a Movement intent on keeping standing the last remaining 2% of
California old growth redwoods, who after she was bombed was chained to a
hospital bed, charged by the FBI and Oakland Police with carrying the bomb
that was placed under her driver's seat set to blow her to slivers when she
made the first sharp turn on her way back home from an organizing trip to
California college campuses.   --beth bosk

On Fri, 6 May 2016 17:37:21 +0000 (UTC), <dennisobrien at sharejerusalem.com>
wrote:
> Lorraine and Raoul,
> 
> Thank you very much for putting time and energy into implementing KZYX's
> Programming Policy, including the Program Advisory Committee (PAC). 
This
> letter is a formal request to restore the station's Safe Harbor hours
> pending a review of the policy by the PAC and, perhaps, the Board of
> Directors.
> 
> In late 2015, just before her retirement, the former Program Director
> announced the elimination of the "Safe Harbor" for free speech at the
> station.  "Safe Harbor" is a period from 10:00pm to 6:00am when language
> that might otherwise be considered profane can be used, in accordance
with
> Federal Communications Commission regulations.  Programmers will now
lose
> their positions if they either use such language themselves, play a
> recording that uses it, or allow any caller, be they members or the
general
> public, to use such language.
> 
> This change has a chilling effect on programmers, members, and the
public.
> Allegations that programmers have allowed profanity on their shows have
> been used to remove programmers whose shows encouraged dialogue with the
> members and the community.  There are a lot of recordings - music,
comedy,
> commentary - in which one of the "seven words" can be found.  Our
> programmers have been able to play them freely during Safe Harbor, and
our
> listeners have benefited.  That has all been changed.
> 
> A few days ago I was listening around 10:30pm when the song "Big Old Jet
> Airliner" by Steve Miller came on.  There is a line about "funky shit
going
> down in the city."  The programmer had to turn the volume down and up at
> that point.  I just sighed in disappointment.  If even a top 40 song has
to
> be bleeped, how are we ever going to hear recordings that are even less
> restrained in their expression?  The late-night programmers will have to
> shelve half their material.  Will we never again hear George Carlin's
> magnificent commentary?
> 
> I do not believe that the Program Director has the authority to
eliminate
> the Safe Harbor hours.  This is not just a day-to-day administrative
> function.  Nor is it the hiring or firing of a programmer, or even the
> selection of a genre or type of programming.  This is the elimination of
> free speech during one-third of the hours of operation.  That is a
policy
> decision that cannot be made by any one person.  It requires extensive
> discussion and feedback from the members and the public.  This might be
> accomplished by the PAC, but any decision to eliminate the Safe Harbor
> would need to be confirmed by the Board of Directors, as it is a policy
> decision, perhaps more than any other decision that a public community
> radio station can make.  Indeed, it is so important that it should be
put
> to the members for a vote before our Safe Harbor for free speech is
taken
> away from us.
> 
> Some will question that approval by the members is necessary.  But I
don't
> think anyone can question that the former Program Director acted
> arbitrarily and capriciously, placing her own morality and personal
> preferences above any group process, excluding the public, the members
and
> even the programmers from the decision while creating an atmosphere of
> oppression that has diminished creativity and promoted self-censorship. 
> That is not the mission of public community radio in Mendocino County. 
> That is how totalitarian regimes operate.  KZYX is a steward of the
> airwaves, not a dictator.
> 
> Please immediately restore the Safe Harbor pending a review of the
policy
> by the PAC and perhaps others.  You have the authority to do so.  It is
in
> the best interests of the station and the community, rather than an
> projection of one persons restrictive morality.
> 
> Because this is a policy matter of great importance to the members and
the
> community, I am copying this request to the KZYXTalk email listserve and
> other media.
> 
> Thank you very much for your time and attention, and for your efforts to
> improve the governance at KZYX.  Please have faith in the members, the
> public, and our diversity of expression.  If pubic radio in Mendocino
> County will not allow freedom of speech, then who will?
> 
> Sincerely,
> 
> Dennis O'Brien
> Member 
> 
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