Broadcasters’ news bulletin (July 1932-Mar 1933)

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July 16, 1932 THE KFAB DECISIOH Much has "been said and printed about the decision of the Nebraska Court in the case of Sorensen v Wood and KFiffi, The decision of the Nebraska Supreme Court is not final in a sense that it can now be appealed to the Supreme Court of the United States. The upper court held that the trial court erred in its instructions to the jury and therefore remanded the case for further hearing. No date has been fixed for the second hearing. After this hearing the case undoubtedly will be again carried to the state Supreme Court. In the meantime, however, the decision of the corirt is the law in the State of Nebraska. It is well to remember that Wood was speaking on behalf of a candidate and not personally as a legally qualified candidate for office. Whether the decision of the court would have been the same had Wood been a legally qualified candidate for office it is impossible to say. Ihe time, however, during which Wood spoke was ordered avnd paid for by the candidate. Section 18 of the Hadio Act is virtually self executing and a violation of this, or any section of the Radio Act, is made a criminal offense under Soctions 32 and 33 of the law. It is not difficult to visualize conflicts between state and federal laws on the subject and stations are urged co examine their state law in the light of the Nebraska, decision and Section 18. In this connection it might be interesting to members to learn how at least two stations are oiying to protect themselves. These examples are reproduced here siri5)ly as information and imist not be construed as having approval or disapproval of the NAB. In Minnesota, where all Congressmen are rmning at large this year because of a decision of the Supreme Court, Station WCGO has published a set of rules govern¬ ing political broeUcaits for rhe coming election. Eight rules are laid down. Rule 7 is as follows;; "In view of the recent decision of the Nebrasira Supreme Court, no person speaking in behalf of any candidate for office will be per¬ mitted to broadcast unless a written copy of his speech ha.s been submitted to the station imhiagem-ent not less than 24 hours in ad¬ vance of the broadcast, xhe sta'rion reserves the right to malce such changes in all such speeches in behalf of candidates as nay appear necessary in order to avoid viola,tion of the libel and slander laws of the state of Minnesota, Candidates for office speaking in person will not be required to submit manuscripts of their speeches, but in the event that any such candidate appears in any radio speech broadcast by Yi'GCO ^o have violated the libel or slander le.ws of the sta^e of Minnesota, the station reserves the righo to refuse oo permit such caiiiiclates to inalee any further use of the fac_lities of the station, notv/ithstanding any previous commitments v/hich may have been made,"