Broadcasting (July - Dec 1939)

Ban on Coughlin Under Code Indicated Enforcement Committee Meeting First Test; Other Citations IN THE FIRST test of the rigid self-regulation code of the NAB, which becomes effective Oct. 1, a ruling is strongly indicated which will bar Father Charles E. Coughlin, militant Detroit priest, from purchasing time for his regular Sunday broadcasts. While the code deals with clearly enunciated principles rather than with personalities, it has become apparent that Father Coughlin falls within the ban on the discussion of controversial issues in sponsored programs. The NAB Code Compliance Committee meets in Washington Oct. 2, at the call of its chairman, Edgar L. Bill, president of WMBD, Peoria, to evolve its first interpretations of the code provisions, and the Coughlin case heads the docket. Observations of Code Committee members gleaned since the Coughlin code issue arose reflect an almost unanimous view that the priest cannot be classified as a proper progi-am sponsor within the code terms. Other Citations Beyond the Coughlin issue, the Code Committee will be confronted with several other program citations requiring interpretations under the clause relating to discussion of controversial questions. These include the broadcasts of Rev. Walter E. Cole, spokesman for the Unitarian Fellowship for Social Justice, who has purchased time over independent stations to answer Father Coughlin; determination whether State tax association radio schedules dealing with legislation pending in State legislatures are in fact proposals subject to ballot and therefore open to sponsorship under the code; and the question posed by liquor interests in New York desiring to purchase time in connection with local option balloting on pi'ohibition. With the arrival of the enforcement deadline, it was evident that the Coughlin issue would prove vexatious. While no accurate list is available, it is understood upwards of 40 stations are being used by Father Coughlin for his Sunday broadcasts, which in recent weeks have been devoted to discussions of war and neutrality. Thousands of telegrams and letters have del-' uged members of Congress by ■virtue of Father Coughlin's opposition to the lifting of the arms embargo. It is estimated this network entails an expenditure, for time and lines, of $6,600 a week. The Code Compliance Committee, in addition to handing down its initial interpretations, also will seek to devise enforcement machinery and establish means of penalizing non-complying stations. Expulsion from NAB membership presumably will be the penalty, although provision would be made for appeal from the Code Compliance Committee's ruling to the NAB board of directors. Even before the committee foregathered in Washington Oct. 2, word was spread that a number of stations have cancelled the program. WHAM, Rochester, it is understood, declined a renewal proffer. The average cancellation clause in station contracts carrying the Coughlin series is said to be two weeks and if the Code Committee performs as is anticipated, the stations will be called upon to notify the Coughlin agency. Aircasters Inc. of Detroit, that the series cannot be accepted under the code provisions. Detroit Meeting It was reported that a meeting is scheduled in Detroit on Oct. 2 in an effort to explore every possible waj^ of having the Coughlin broadcasts conform to the code provisions. A number of broadcasters, including Leo J. Fitzpatrick, executive vice-president of WJR, it was reported, planned to attend the session. Despite this, the view prevailed that Father Coughlin's case is "open-shut" under the code and that the Committee is left no alternative. In intra-industry discussion of the Coughlin situation, it has been pointed out that if Father Coughlin indulged in purely theological discussions, he could purchase time under the code provisions. However, his past broadcasts do not fall in the "religious" category. During a political campaign, it was pointed out, he might purchase time in behalf of or in opposition to the candidacy of a qualified nominee or purchase time in favor of or against a particular public issue subject to ballot. Throughout the preliminary discussions of the Code Committee and at the .July Atlantic City convention of the NAB, at which the subject was discussed, it was emphasized that the issue is one of principle rather than personality. The same ban applies to other speakers on controversial issues, such as Dr. Townsend, American Civil Liberties Union or Ford Motor Co. The code does not ban any individual from using time but simply denies the right to purchase time for discussion of controversial issues. Another interpretation likely to be devised by the Code Compliance Committee will be in connection with certain types of commercial religious broadcasts such as those of Dr. J. F. Rutherford of Jehovah's Witnesses. If such broadcasts attack any race or creed or disparage any other religious belief, they are barred under the code. Functions Oct. 1 Preparatory to the Code Committee session, it developed that Stanley G. Boynton, president of Aircasters Inc., offered stations contract renewals for an additional 52 weeks. Stations were advised that the new series will carry a "very patriotic trend in the form of a neutrality sermon" and would in no way conflict with the NAB code. He added that Father Coughlin would not attack any race or creed "but would" keep the patriotic tenor of "trying to keep America out of war". Despite this, it was apparent a majority of the Code Committee members felt that the code clearly prevented acceptance of the renewal proffer, which was viewed as constituting an effort to purchase time for the discussion of controversial public issues. The Code Committee was authorized by the NAB board on July 11 to begin functioning as of Oct. 1. The resolution adopted by the board provided that exisiting commercial contracts should be respected for their duration provided {Continued on page 69) Liquor Protestants Get FCC Reply Cannot Compel Stations to Accept Programs, Fly Says COMPLAINTS to the FCC by the State Restaurant Liquor Dealers Assn. of New York, that WHAM, Rochester, has improperly denied it time to present before upstate New York voters the liquor industry's side of the local option prohibition issue, on Sept. 25 brought from FCC Chairman James Lawrence Fly the rejoinder that the FCC has no power to compel stations to permit a particular individual to use its facilities, except where candidates for public office are involved. Mr. Fly suggested that the two complainants, both officials of the Association, furnish additional facts as to how the facilities of WHAM have been used for discussion of the question, after which the matter would be given "further consideration." He pointed out it was impossible to determine from the letters of complaint whether WHAM had permitted its facilities to be used for any discussion of the liquor law, or whether the Association was denied the use of time after use by others for discussion of the subject. Discrimination Claimed James J. Balfe, chairman of the Radio Committee of the Association, and Philip Slone, publisher of the Bar & Grill Journal and a member of the same committee, each had protested on Sept. 5. It was argued that the refusal to allot time discriminated against a legal business, and was inconsistent with the NAB Code provision dealing with discussion of controversial issues "subject to ballot." Mr. Slone said that in the broadcasts, the organization did not propose any "subtle or other means to encourage the use of alcoholic beverages", but simply desired to present the liquor industry's side of the issue subject to ballot. He charged that by refusing time, stations are denying responsible businessmen and taxpayers "a fundamental civil liberty", and it constitutes "a dangerous abuse of power bv certain radio stations licensed by the FCC". Chairman Fly advised both complainants that under the Communications Act broadcast stations are not "common carriers", and that under both the law and the FCC rules and regulations responsibility for the selection of program material and participants in programs rests upon the indi\ndual station licensees. "However," he added, "it is the duty of the Commission to require that such licensees shall utilize their facilities to serve the public interest and insofar as such facilities are used to discuss controversial political issues, it is the responsibility of the licensees to pro^•ide a well-rounded as distinguished from a one-sided presentation of such subjects." Mr. Slone recited that he sought to purchase time from WHAM and other stations which he did not specify, and that "each of said stations refused to handle these broadcasts, and each station found these proposed broadcasts unacceptable" because the sponsors were an organization connected %\ith the manufacture and sale of distilled spirits. Drawn for Broadcasting by Sid Hix "Visii your neighhorhood dealer and Iry a heaping howl of crispy, crunchy Zingohihe motor oil.'" BROADCASTING • Broadcast Advertising October J, 1939 • Page 13