Broadcasting (Oct 1931-Dec 1932)

Shuler Loses Free SpeechAppeal;May Try Supreme Court Pastor's Property Rights Plea tlso Rejected; WHOM Wins IN AN OPINION denying the contention of abridgement of free jspeech on the air and rejecting the theory of radio property rights, jthe Court of Appeals of the District of Columbia Nov. 28 affirmed the decision of the Radio Commission deleting KGEF, Los Angeles, jbecause of the utterances of Rev. 'Robert P. Shuler. The case, which raised the free speech issue for the first time, may be appealed to the Supreme Court, if a petition for rehearing in the lower court fails. Delivered by Associate Justice D. Lawrence Groner, newest member of the court, the opinion held that Dr. Shuler, pastor of the Trinity Methodist Church South and recently defeated candidate for U. 5. Senator from California actually ^>wned the station, despite issuance of the license in the name of the church. It brought out that Dr. " Shuler's broadcasts were "sensational" rather than instructive, and that in two instances the pastor had been convicted of attempting in his radio talks to obstruct the orderly administration of public justice. | The station was deleted last year by the Commission, and went off the air when the same court refused a stay order. .1 Discussing free speech, the opin[ | ion said the constitutional guaranty does not mean that the government, through agencies established by Congress, may not refuse a renewal of license to one "who has abused it to broadcast defamatory and untrue matter." In that case, it added, there is "not a denial of the freedom of speech but merely the application of the regulatory power in a field within the scope of its legislative authority." Not in Public Interest AFTER REVIEWING evidence, j which it held "abundantly sustains ' the conclusion of the Commission that the continuance of the broad-i casting programs of appellant is not in the public interest," and alluding to religious attacks and the use of objectionable language by Dr. Shuler, the court said: Hi j "If it be considered that one in possession of a permit to broadcast in interstate commerce may, with D out let or hindrance from any source, use these facilities, reach ' ing out, as they do, from one corner of the country to the other, to obstruct the administration of justice, offend the religious suceptibilities of thousands, inspire political distrust and civic discord, or offend youth and innocence by the free use of words suggestive of I sexual immorality, and be answerable for slander only at the instance of the one offended, then this great science, instead of a boon, will become a scourge, and I the Nation a theater for the display of individual passions and the collision of personal interests. This is neither censorship nor previous restraint, nor is it a whittling away of the rights guaranteed by the first amendment, or an impairment of their free exercise. Appellant may continue to indulge his strictures upon the characters of men in public office. He may just as freely as ever criticize religious practices of which he does not approve. He may even indulge private malice or personal slander — subject, of course to be required to answer for the abuse thereof — but he may not, as we think, demand, of right, the continued use of an instrumentality of commerce for (Continued on page 33) NAB Registration . . . (Continued from page 12) Shaw, Harry, WMT, Waterloo, la. Shepard, John, III, Yankee Network, Boston. Slavick, H. W., WMC, Memphis, Tenn. Sleininger, C. L., Free & Sleininger, Chicago. Smith, Geo. S., KDYL & KLZ, Salt Lake City (Washington). Smith, Harold E., WOKO, Albany, N. Y. Smith, Mark N., KMBC, Kansas City. Smith, Vernon H., WREN, Lawrence, Kan. Smits, N. J., WHBY, Green Bay, Wis. Snyder, Glenn, WLS, Chicago. Soule, R. G., WFBL, Syracuse, N. Y. Southard, Edythe Fern, WJAY, Cleveland. Sowell, F. C, Jr., WLAC, Nashville. Spence, Edwin M., WPG, Atlantic City. Spies, M. C, WDZ, Tuscola, 111. Sprague, E. S., WEAF, New York. Stamm, Gus W., Broadcast Advertising, Chicago. Stevenson, Thomas, Broadcast Reporter, Washington. Stewart, Jack, WFBR, Baltimore. Stinson, L. W., KVOO, Tulsa, Okla. Stone, Harry, WSM, Nashville. Storey, John J., WTAG, Worcester, Mass. Summerville, W. H., KRLD, Dallas. Sutton, Geo. O., Washington, D. C. Sweet, R. W., WLAC, Nashville. Taishoff, Sol, Broadcasting Magazine, Washington. Taylor, F. G., Broadcasting Magazine, Washington. Tavlor, Inglis M., WEBQ, Harrisburg, 111. Temple, J. M., KCMC, Texarkana, Tex. Thomas, N. A., WDOD, Chattanooga, Tenn. Thompson, Robert M., WJAS, Pittsburgh. Thompson, Roy, WFBG, Altoona, Pa. Thurston, E. W., Western Electric Co., New York. Tyson, L. B., KHJ, Los Angeles, Cal. Vance, H. C, RCA Victor Co., Chicago. Van Volkenburg, J. L., KMOX, St. Louis. Voynow, Edward E., Scott Howe Bowen, Inc., Chicago. Wagner, Rev. James A., WHBY, Green Bay, Wis. Ward, J. T., WLAC, Nashville. Way, W. B., KVOO, Tulsa, Okla. Weber, Fred, WENR, Chicago. Weiss, Lewis Allen, WJR, Detroit. West, Bill, KMOX, St. Louis. Wheelahan, H., WSMB, New Orleans. Wheeler, Clarence, WHEC, Rochester, N. Y. White, J. Andrew, American Broadcasting System, New York. Wick, Bert, KDLR, Devil's Lake, N. D. Williamson, W. P., Jr., WKBN, Youngstown, 0. Wilson, Howard, Willot Co., KFBIKFEQ, Kansas City. Winger, Earl W., WDOD, Chattanooga, Tenn. Winters, Emerson, WHO, Des Moines. Withycomb, Donald, Nat'l Broadcasting Co. New York. Wooten, Hoyt, WREC, Memphis, Tenn. Worden, Ralph, WJAY, Cleveland. Wright, J. F., WILL, Urbana, 111. Young, Dr. Geo. W., WDGY, Minneapolis. Zimmerman, G. E., KPRC, Houston. Zimmermann, Geo. H., WCAH, Columbus, O. A Master Gain Control Low Noise Level Panel at Ground Potential Positive Grip Knob Negligible Frequency Error M:i " ' Type 552 Volume Controls are available in Tand H-sections with impedances of 200 or 500 ohms, and in L-sections with impedances of 50, 200, or 500 ohms. Total attenuation 30 db. in steps of 1.5 db. PRICES: L-type #28.00 T-type 34.00 H-type 48.00 For Microphone Mixer Circuits Type 652 — — _ — . — Volume Control j is a slide-wire type of at! tenuator combining compactness and low cost j with excellent electrical and mechanical properj ties. It uses a ladder1 type network which has a linear attenuation characteristic and nearly constant impedance. The noise level is extremely ' low. Impedance: 50, 200, or 500 ohms. Infinite Attenuation: linear from 0 to 45 decibels. PRICE: #12.50 For complete details, address the General Radio Company, Cambridge, Massachusetts. 'JJjAjil-LSjy CAMBRIDGE A, MASSACHUSETTS December 1, 1932 • BROADCASTING Page 29