[Kzyxtalk] Restoration of Safe Harbor at KZYX&Z

[King Collins]

Thanks very much, Scot. I've been out of commission for a couple of weeks. Your style and material are making our work interesting. --king

On May 6, 2016, at 7:47 PM, King Collins wrote:

> 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  Every First Amendment right was superceded by the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 
>>> 
>>> _______________________________________________
>>> Kzyxtalk mailing list
>>> Kzyxtalk at lists.mcn.org
>>> http://lists.mcn.org/mailman/listinfo/kzyxtalk
>> 
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