Broadcasting (July - Dec 1939)

First Code Act Brings NAB Discord Father Coughlin Barred ; Elliott Roosevelt Ignores Pact {Continued from Page 12) mend itself to any reasonable person. It does away with the justified criticism that public discussion has been weighted heavily on the side of those with large sums to buy time. "Father Cotighlin's sponsors apparently do not believe in fair play. They want a 'fair advantage' through the purchase of time. The Civil Liberties Union condemns such an attitude and commends the enforcement of the code in the interests of equal rights for all in the discussion of public issues." At the NAB, it was stated that none of the commentators mentioned in the Patt telegram actually falls in the category of controversial speakers, insofar as their current commentaries are concerned. Only Elliott Roosevelt, it was indicated, indulges in expression of personal opinions, particularly on the subject of netitrality. In the case of Mr. Cameron, commentator during the Ford Sunday Evening Hour on CBS, it was pointed out that in his current series he is not espousing one viewpoint as opposed to another and that CBS has so devised its contract with the Ford Company that in the event he does indulge in controversial discussions, equal time will be allowed opposing viewpoints. Committee Seeks Time A new complication erupted Oct. 9 when the newly-formed Nonpartisan Committee for Peace Through Revision of the Neutrality Law petitioned the 44 stations carrying the Coughlin broadcasts to give it equal time on Oct. 15 immediately following Father Coughlin's address. Headed by William Allen White, noted publisher of the Emporia Gazette, as chairman, the Committee pointed out that unlike the Coughlin interests it has no funds to purchase telephone lines but it would send transscriptions of good quality to the stations. Mr. White said the request was made so that both sides of the question may be fully presented "in accordance with the spirit and ruling of the NAB Code". Such prominent figures as former Gov. Alf M. Landon of Kansas, Frank Knox, publisher of the Chicago Daily News, and Msgr. John A. Ryan of Catholic University, are listed as members of the Committee. The request brought a deluge of inquiries to the NAB, since it asked for free time to answer Father Coughlin. The NAB response, it was stated, was that under the code provisions the right of rebuttal was apparent and the Committee appeared to be a qualified organization. Code Group Discussions The Code Committee sessions Oct. 2 and .3 in Washington wei'e heated. While the issues before the Com mittee transcended Coughlin and covered similar bans on such speakers as J. F. Rutherford of Jehovah's Witnesses and Dr. Walton E. Cole, Unitarian Minister of Toledo, who has purchased time to answer Father Coughlin, the situation of the Detroit priest predominated. Technically, several attorneys held the view that under the strict terms of the code, it was possible to continue the Coughlin broadcasts for another year, or until all existing contracts expire. One attorney said it nevertheless would be morally wrong to do so under the interpretations of the Code Committee. Shepard at Meeting At the Oct. 3 session of the Code Committee, Mr. Shepard was present with his attorneys, former Commissioner E. 0. Sykes and Paul D. P. Spearman. Mr. Spearman, it was reported, pointed out that if the terms of the code were enforced, it might have immediate official repercussions to the detriment of stations. For example, he pointed out, a citation by the NAB that a particular station had openly defied the code mandate, might lead to applications for that station's facilities and render it vulnerable. The Code Committee did not perfect its compliance machinery, beyond that established by the NAB board, at its September meeting in Chicago. This procedure provides that rulings of the Committee can be appealed to the NAB board, which then will decide upon punitive action. There had been previous talk of expulsion from NAB membership but it is doubted now this course will be pursued. Rev. Cole announced immediately after the NAB action that he intended to continue his transcribed addresses along non-controversial lines. He said he regarded the new ruling as eminently fair and added he had insisted from the beginning that America is entitled to hear both sides of controversial qtiestions. He said he had never urged that Father Coughlin be silenced but recommended that he should be heard with speakers representing both sides of the many controversial issues he has i-aised. Many Voice Support Support of the code came to the NAB from many organizations and groups. The National Council of Catholic Men, through Executive Secretary Edward J. Heffron, hailed it as a "splendid platform of Democratic broadcasting". William Allen White said he could not see how any "honest, tolerant American citizen who wishes both sides presented can fail to support that code." Paul B. West, president of the Association of National Advertisers, called it a significant and farreaching step through which broadcasters "have acknowledged and fairly defined their social responsibilities and in broadest sense planned a wise course of action to meet those responsibilities." John Benson, president of the American Association of Advertising Agen cies, cited it as "a fine extension of good stewardship". Other associations which commended the code and its interpretation included the Federal Council of Churches of Christ in America, National Council of Women, General Federation of Women's Clubs, Boy Scouts of America, Union Theological Seminary, National Education Association, George V. Denny Jr., director of the America's Town Meeting of the Air, Lyman Bryson, director of the People's Platform, and W. Russell Bowie, director of Grace Church, New York City. NAB buttressed action of its Code Committee by dispatching analyses of the code to members of Congress, national organizations and other groups. President Miller sent to all members of Congress a letter explaining the code's purposes and scope. Inviting comments and suggestions, he said he received nearly 100 responses, all commendatory. Code Committee Secretary Kirby sent to some 3,000 organizations copies of the code and advised them of its purpose and eff"ect. Comments and suggestions likewise were solicited. To the some 200 complainants who registered protests with the NAB against the Coughlin action. Mr. Kirby sent a letter advising them that their opinions apparently were based upon incomplete information. He pointed out the code did not deny the right of free speech to any man but did just the reverse. He emphasized that the code guarantees that listeners will hear both sides of all controversial issues. Reactions in Congress Despite the spadework done, it was apparent that the code operations are not thoroughly understood in Congress. Moreover, there were indications that Coughlin supporters in Congress would stir up a controversy over its provisions. It was learned that a number of inquiries had been made at the FCC by irate Congressmen who wanted to know why the "Government" had instituted such "censorship restrictions". FCC officials explained that the code was a voltmtary industry proposition and that the Commission had nothing whatever to do with its drafting or enforcement. In other Congressional quarters, the view apparently prevailed that the code would prevent candidates for public office from purchasing time. This view was expressed by at least two members of Congress who, however, were straightened out on it. As a result of this misunderstanding. President Miller undertook to inform members of Congress by letter of the purport of the code, with particular reference to the controversial issue phase. Realizing that an educational job lies ahead. President Miller plans to set in motion a campaign in which radio itself will be used as the primary medium. Following up his address before the Civil Liberties Union in New York Oct 14, carried over an MBS network, he planned to use additional time on other major networks with the code [ as the theme. It was expected also that Chairman Bill of the Code Committee likewise would make one or more network addresses. Thought also was given to a regular series of programs using the question-answer technique, in which particular code provisions would d be amplified as they apply to par-;i ticular groups or classifications. For example, the thought was that outstanding leaders in religion, politics, labor, women's activities and. other sustantial groups could be^ interviewed in such a series as a means of conveying to a complete cross-section of the country thef impartiality of the code provisions, r AFL Chief Lands Code Another strong voice in support' ' of the code was heard Oct. 6 over* CBS when Matthew Woll, vicepresident of the American Federation of Labor, at its convention in Cincinnati, described it as an important move "in defense of de-^l mocracy by guaranteeing that radio will continue to provide an open; forum for discussion of public is-i sties." He said that the industry code guarantees that no one side shall monopolize the airwaves wherj^ jj a great public issue arises, but that i all sides — majorities and minorities;, rich and poor alike — shall have f ree4n access to the microphone to statep their case. "This is in the best tradition oi democracy," Mr. Woll said, "anc I think the broadcasting industry is to be congratulated for this sane and orderly procedure, which rules out domination either by force oi numbers or by force of wealth. Or that front, at least, power politic has been defeated." MOVIES OVERRULED ON FREE TIME BIL REJECTION of a "free offer" oJP the Motion Picture Producers if Distributors of America Inc., comi memorating the 50th anniversar;t of motion pictures, was advocateif by the NAB Oct. 13. NAB reportei'' a script had been offered station ^ which could be broadcast "free o-fcharge", and which included sev? eral plugs for movie production? past, present and future. ? NAB stated while the industr^f desires to render every cooperatio: ; to sister industries, it has advise i Kenneth Clark of MPPDA that th f scripts were unacceptable except o a paid basis, and invited his cc{[ operation in helping members se | the program to local exhibitors. .| Other free time seekers, the NAj reported, include the Missionari Servants of the Most Holy Trinity I which has since vidthdrawn its offef after being informed that the pla to sell books at $1 a copy was a vie lation of the code, and the Nations Dunking Assn., seeking to popi larize this custom and sell moi doughnuts and coffee. "Cost-per-inquiry" propositior from Dietetic Research Laborato: ies for MVM Reducing Perles, an Interstate Advertising Agency fc Sunlit Flower Fields, were judg€ as in violation of the NAB Cod and the principals so notified. A GROUP of local merchants, headt by Myer Wiesenthal, furniture dealc has applied for a new 1,000-watt da time station on 930 kc. in Steube ville. O. Page 72 • October 15, 1939 BROADCASTING • Broadcast Advertisin