Broadcasting (Oct 1931-Dec 1932)

Stations Evade Political Libel Due to Nebraska Court Ruling Conflict With Radio Act Causes Broadcasters To Play Safe; "Curbstone Opinions" Hit BECAUSE of the evident conflict between the decision of the Nebraska Supreme Court and Section 18 of the Radio Act, regarding libel in political radio addresses, many broadcasters are taking precautions to protect themselves against possible implication in damage suits growing out of that opinion by enforcing rigid rules as to political broadcasting during the current campaign. Until the Nebraska opinion is finally adjudicated, it is the prevailing belief that stations in selfdefense must guard against the broadcasting of libelous statements by political candidates for office or their spokesmen, lest they be held liable for the offense along with the speaker. This apprehension grows directly out of the Nebraska opinion, rendered June 10 in the case of Sorensen vs. Wood and KFAB, at Lincoln, which was held liable along with the speaker for alleged libelous statements "published" over the station during a political campaign. The opinion held that Section 18, which specifically states that there can be no censorship of political speeches on the radio by candidates for office, was not applicable. Commission Dodges Issues BROADCASTERS cannot look to the Radio Commission for an interpretation of the Nebraska decision as it applies to them. In response to more than a dozen requests for such a ruling received from stations, the Commission's legal division simply asserted that the Commission is an administrative body, and, as such, cannot properly assume the function of interpreting either a federal law or a court decision until a question is at issue before it in a pending case. The Commission's view is that stations should consult their own attorneys on the matter, and, after analyzing their own state laws governing libel, decide how the problem can be solved with safety. It is a fair assumption that some time during the current political campaign the question will come squarely before the Commission in a case involving renewal of station license for alleged infraction of Section 18. Then the Commission would be confronted with the task of defining the section and perhaps the applicability of the Nebraska decision. "Curbstone opinions" on the situation are dangerous, according to well-informed observers. The case really goes more deeply into the federal law than appears on the surface and may involve a serious question of constitutionality. State libel laws must be taken into consideration, because it is conceivable that what would be perfectly lawful for stations in one state might be a violation of the laws of another. Philip G. Loucks, NAB managing director, points out that the Nebraska decision is not final in the sense that it can not be appealed to the Supreme Court of the United States. The Nebraska Supreme Court, he said, held that the trial coui't erred in the KFAB case, and therefore remanded it for further hearing. After this hearing the case likely will again be carried to the Supreme Court of Nebraska, whence it can be appealed to the nation's highest tribunal. "It is well to remember," Mr. Loucks said, "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. The time, however, during which Wood spoke was ordered and paid for by the candidate. "Section 18 is virtually selfexecuting and a violation of this or any section of the Radio Act is Use Real Names ALL THE radio celebrities engaged for "The Big Broadcast," which Paramount is producing, will use their real rather than fictitious names as they retain their identities in the film. To date, the combined stellar forces of radio and screen in the picture number 18. Among them are Bing Crosby, Kate Smith, the Mills Brothers, Burns and Allen, the Boswell Sisters, Cab Calloway and Arthur Tracy, the Street Singer. made a criminal offense under Section 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 to examine their state law in the light of the Nebraska decision and Section 18." WCCO Drafts Rules HENRY A. BELLOWS, CBS vicepresident, . director of WCCO, Minneapolis, and chairman of the NAB legislative committee, who has gone deeply into the libel subject, has issued a set of rules governing political broadcasts, which is displayed elsewhere on this page. Copies of the rules are sent to all candidates nominated in the primaries, and when they buy time they do it with the expressed acceptanceby them of the rules set forth, Mr. Bellows explained. WEBC, Duluth-Superior, also has issued a notice to candidates for public office and political speakers as a result of the Nebraska opinion. After quoting Section 18, the notice states: "This station desires to grant to every candidate for public office and to all political parties, the fullest use of its facilities possible for the purpose of enlightening the voters as to the issues. The Supreme Court of Nebraska has recently held that notwithstanding the act of Congress, the broadcasting stations may be held legally responsible for any libelous or slanderous statements made over the radio, even by a candidate for public office, and that it is the duty of the radio station to cut off a speaker making any such statements. "This station does not desire to censor the material of any speaker in any respect whatsoever. It must insist, however, that no statements shall be made which are libelous or slanderous. In order to protect this station, and at the same time show no discrimination between speakers, this station has adopted the rule that all political addresses shall be prepared in writing and copies submitted to the station at least hours before the time of broadcasting." Press Publishers Urge News Broadcasting Ban TWO NEWSPAPER publishers' associations condemned the broadcasting of news gathered by press associations and newspapers in conventions held during July. The Southern Newspaper Publishers Association, meeting in Asheville, N. C, adopted a resolution urging the press services not to furnish news to radio stations, whereas Lea M. Nichols, of the Bristow (Okla.) Record, president of the National Editorial Association, advocated a definite stand against the same practice in his annual message at San Francisco. U. P. "Night Editor" UNITED PRESS Association, leading news service, has just entered into a co-operative arrangement with WOR, Newark, for a news flash program every week night from 10:45 to 11 p. m. Offered as a sustaining feature, the program is known as "The Night Editor" and is handled by Sidney B. Whipple, U. P. night editor who broadcasts a resume and comment on current events directly from the editorial rooms of the syndicate. Mr. Whipple replaces the International News Service's "Globe Trotter," previously heard on WOR. IN SPITE of the general depression, the British radio audience is constantly increasing, latest figures showing that the total of licensed radios in March reached 4,600,000. This is nearly 1,000,000 more than a year ago. Political Rules of WCCO In order to carry out fully the requirements of the Federal Radio law with regard to candidates for political office, the following regulations must be strictly observed in connection with all political broadcasts over WCCO prior to the elections of November 8, 1932: 1. Time will not be sold for any political broadcast except to an individual, or to an organization supporting such individual, who was duly nominated in the state primary elections or in the national conventions. 2. For any candidate nominated for the office of governor of Minnesota there may be purchased between July 1 and November 7, inclusive, not to exceed a total of four hours, of which not more than one and one-half hours shall be after October 31, 1932. 3. For any candidate for any other office there may be purchased between the above dates not to exceed a total of one hour, of which not more than 30 minutes shall be after October 31, 1932. 4. No specific reservations of time for political broadcasts shall be made more than 30 days in advance, and all such reservations shall be made subject to the right of Northwestern Broadcasting, Inc., to change the time if such action is necessary in order to accommodate chain broadcasts. 5. Where time is purchased by any person or organization other than the actual candidate, the contract shall specify the candidate or candidates in whose behalf such time is purchased, and such time shall be charged against the allotment to such candidate or candidates exactly as if it were purchased and used by them in person. 6. Every political broadcast between July 1 and November 7 shall be paid for fully in advance, and unless such full payment is received, the broadcast shall not be permitted. The announcer on duty is authorized to accept payment if such payment is tendered just before the broadcast begins. Absolutely no exception to this rule of full payment in advance will be considered. 7. In view of the recent decision of the Nebraska Supreme Court, no person speaking in behalf of any candidate for office will be permitted to broadcast unless a written copy of his speech has been submitted to the station management not less than 24 hours in advance of the broadcast. The station reserves the right to make such changes in all such speeches in behalf of candidates as may appear necessary in order to avoid violation 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 WCCO to have violated the libel or slander laws of the state of Minnesota, the station reserves the right to refuse to permit such candidate to make any further use of the facilities of the station, notwithstanding any previous commitments which may have been made. Page 12 BROADCASTING • August 1, 1932