Broadcasting (Jan - Mar 1950)

Maryland: Free Again ALTHOUGH YOU probably wouldn't detect it from the Washington news dispatches, radio won a thumping victory last week in the U. S. Supreme Court. The court killed Baltimox'e's gag rule on reporting of crime news by rejecting the appeal of the State of Maryland, and thereby struck another blow for the freedom of news. The fight was waged and won by radio. Three Baltimore stations— WCBM, WITH and WFBR, as well as a former WITH newsman, were cited for contempt for broadcasts of a confession given by a murderer. Baltimore newspapers for a decade had found it painfully expedient to consult judges on what was permissible to print without being in contempt of court. On appeal, the State Supreme Court overruled the lower court, holding that the Rule was "in the nature of censorship." It placed radio on equal footing with the press. The effect of the Supreme Court action was to sustain the Maryland tribunal's finding, despite the unusual opinion of Justice Frankfurter presumably leaving the door open for future adjudication of related issues. Thus, radio won a battle not only for itself but for the press. The archives, we hope, will duly record this fact. Radio Anonymous? LAST WEEK hearings were held before the Senate Interstate & Foreign Commerce Committee on the Langer Bill (S-1847) to outlaw interstate advertising of alcoholic beverages. In 1947 there were hearings on virtually identical legislation. The Committee refused to report any one of several bills. The following year there were further hearings. The committee then voted against them by the narrowest of margins — 6 to 5. In the intervening periods the dry groups — from pulpit and in their public prints — have been hammering away. The move to prohibit advertising is an obvious first step toward return to prohibition. This year of 1950 is an election year. Politicians have been besieged by constituent drys to vote for the Langer Bill. Since the convening of the new session on Jan. 3, every issue of the Congressional Record has sagged under the weight of resolutions and petitions adopted by societies and associations supporting the Langer Bill. Politicians are sensitive to such pressures when standing for reelection. Passage of the Langer Bill could deal a crippling blow to radio. The drys are not aiming merely at hard liquor advertising; they are shooting at beers and wines too. While the latter represent just one or two percent of radio's national revenue, they are important income sources both for radio and TV. The Langer Bill strikes at advertising "in interstate commerce." All radio is interstate. So even the 2.50-watter in Dead Center, Tex., would be affected. As long as alcoholic beverages are legal, it is hard to fathom how the advertising of them can be legislated out of existence. Yet, indiscreet legislation can run the legislative gauntlet if the opposition sits on its hands. There was strong opposition to the Langer measure. The Advertising Federation of America was there. So was the Assn. of National Advertisers and the American Assn. of Advertising Agencies, and the various representatives of the printed media. They realized that if this discriminatory legislation is passed, it would set an extremely dangerous precedent. What about cigarette and proprietary advertising? In scanning the list of appearances prior to the opening of the hearings Thursday, we failed to find radio represented. Once before the NAB neglected to file an appearance. Could it be that radio does not regard the measure as of suflficient importance to justify an appearance? Or does radio leave its case in the hands of the associations representing other media? Matter of State LAST THURSDAY Secretary of State Acheson addressed the National Press Club in Washington "on the record". Radio, however, was precluded from a direct pickup. On the ground that the official would talk extemporaneously, the Department decided the talk was not suitable for broadcast. When the Radio Correspondents Assn. pffered to forego the direct pickup and record the talk, which afterward would be edited, the answer was the same. NAB President Justin Miller protested. He pointed out that radio has been recognized all down the line as a news medium. He cited discrimination. But the Secretary did not budge. Then, a matter of minutes before the luncheon, the Department yielded and permitted the Voice of America to make a tape-recording. Carefully edited excerpts finally were made available to the networks after anguished hours. Television was excluded altogether. And that which was made available to radio was an expurgated version tailored to suit the delicately contrived purposes of the Government-programmed Voice. For more than a decade, radio has held newsgathering privileges on a parity with the press. There are radio galleries in Congress. Indeed the remodeled Capitol is being wired for radio and TV pickups. And the White House is being redesigned with an ear and an eye toward the mass radio media. This incident reveals that while much has been done toward the goal of freedom of information by radio, there remain islands of resistance. The NAB and the Radio Correspondents Assn. should not let the Acheson incident go by default. How better to debate the point than over the air itself? Wrong Side of the Street IN ITS ZEAL to curb "traflScking" in station construction permits the FCC majority seems to be driving on the wrong side of the regulatory street. It has announced proposed rules (by a vote of 4-2) which would bring automatic forfeiture of construction permits, if the holder contracts to sell control before the station takes the air. We can fathom situations which might prevent an original construction permit holder from following through. His capital might dry up; he might sufi'er reverses in his main business. There might be illness. In any event, as Comrs. Hyde and Jones point out in their dissent, the Commission can handle cases on their individual merits, since the law prohibits the transfer of control without prior FCC approval. Why write new regulations when those on the books are adequate to cover every contingency ? Longfellow couldn't conceivably have had the FCC in mind when he commented: "Whom the Gods would destroy they first make mad." GENE BURKE BROPHY WOMAN'S PLACE is in the home— and Gene Burke Brophy finds her way into almost every home in the Salt River Valley area, through KRUX Phoenix. Some 25 of America's fairer sex are owners and operators of radio stations, and Mrs. Brophy belongs to this exclusive group. Her 21-year record of accomplishment in the broadcasting business rivals that of most men in the field. Gene Brophy was born in Norseland, Minn., March 11, 1910, to George and Kathryn Burke. The "Gene" is a contraction of Imogene, long since discarded by the KRUX executive. She received her early schooling in Norseland and Minneapolis. In 1928 Mrs. Brophy embarked on her radio career. Following a series of special courses at Los Angeles City College she got a job as a secretary at Warner Brothers' KFWB Hollyi-vood. But she was not long destined for dictation and typing. When a continuity writer failed to put in an appearance one day, she hurriedly punched out a needed commercial program. The sponsor liked it and the thenMiss Burke became one of the station's first feminine writers. In eight years with KFWB, she progressed through each stage of the station's growing operation, efficiently handling various phases of the work in traffic, programming, creating and voicing commercial and sustaining shows. When in 1936 Mrs. Brophy left KFWB to join Columbia Concerts Corp., a subsidiary of CBS, her unusual organizational ability came to the fore. She assisted in the creation of the Hollywood Artists' Bureau for Columbia and for four and a half years headed up the selection and supervision of CBS talent for programs originating in Hollywood. While with Columbia Concerts she directed promotion and publicity for several concert tours. Her job included a good many talent hunts throughout the nation, searching for both radio and motion picture material. She interviewed many artists — upcoming and famous. In addition to these tasks she was responsible for the office management of the Columbia Artists Bureau. In October of 1941 Mrs. Brophy accepted a civil sei'vice appointment as Chief of the Radio Division for the Office of Central Intelligence in San Francisco and shortly thereafter began a radio broadside of psychological warfare against the Japanese. Before the establishment of complete offices for OCI, came Pearl Harbor and war. When a few days later, the West Coast had its first wartime blackout, President Roosevelt called ( Continued on page 38 ) Page 30 • January 16, 1950 BROADCASTING • Telecasting