[Kzyxtalk] Restoration of Safe Harbor at KZYX&Z

[King Collins]

Smart work, Beth. --king

* * * *

On May 6, 2016, at 1:02 PM, <nsi at mcn.org> <nsi at mcn.org> wrote:

> 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  Every First Amendment right was superceded by the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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