Broadcasting Telecasting (Apr - June 1951)

KEFAUVER QUIZ' Raises Coverage Question THE NATIONAL crime story last week found television, as a medium, implicated in an impending legal test that is unique in U. S. history. The judicial ramifications of the TV camera coverage of the Kefauver Crime Committee may be ironed out from two different approaches, in Congress, itself, and in the courts, perhaps eventally reaching the highest tribunal in the land. Sentiment in Congress seemed to indicate that a study of television coverage, as proposed by a Republican member of the Senate Crime Investigating Committee — Sen. Alexander Wiley of Wisconsin, may extend to a review of the general conduct of Congressional investigatory groups. Sen. Wiley introduced a resolution calling upon the Senate Rules committee to make a "thorough study" of the intricate problems posed by "past or proposed, televising or radio broadcasting or motion picture or other photographing, of proceedings of the Congress and its respective Houses and Committees." The resolution (S. Res. 106) asked for a report to the Senate outlining the study made and recommendations. Contempt Citations Voted Coincident with this Congressional preview, the Kefauver unit voted contempt citations against two Cleveland witnesses who balked at television. They were Morris Kleinman and Louis Rothkopf. The committee's assistant chief counsel said that regardless of any testimony these two subpenaed witnesses may give in executive session the contempt citations would still be sought from the Senate. He could not give a definite timetable on the citation requests. Attorney Timothy McMahon, also of Cleveland, in representing both reluctant witnesses, declared for the record: ". . . That to the rear of the witness . . . there appears five highpowered floodlights . . . three of which are focused behind the committee and in the face or on the person of the witness . . . that in the room there are three TV cameras, which are in varying degrees focused upon the members of the committee, counsel, and the witness." Mr. Kleinman said he could check news articles for his testimony and could demand a retraction but that he had no way of knowing what happened on TV and on radio, what parts of the proceedings were given to the radio-TV audience, or what comments were made during the time he appeared. Specifically, he charged the Kefauver committee procedure with violation of his Constitutional rights. He said he would not respond to interrogation unless apparatus, such as television, radio and news reels were shut off. When Bryson Rash of WMAL-TV Washington, in charge of the Washington TV coverage, offered to "shut off" TV — and it was for a brief interlude with cameras focused only on Chairman Estes Kefauver (D-Tenn.) — the witness demanded that "everything be shut off." The committee denied the request. The witnesses, both Messrs. Kleinman and Rothkopf, took the identical position, further asserted that they were subject to (1) "glaring" lights, (2) observation on the manner of their sitting, talking, use of hands, clothes worn, etc. to "unfavorable comment," (3) distortion of voice, (4) increased nervousness, (5) showing of newreels on TV with various commentary by TV announcers or pickups of spectator opinions from the audience. "If the TV industry wants me to aid in boosting the sale of TV sets, and the sponsors. ... I am entitled to be consulted just the same as any other American amusement enterprise," the witnesses declared. Both men have been convicted for tax evasions. After the hearing, Sen. Kefauver said he thought the refusals by the two men to answer questions with TV on the scene would make as good a legal test as possible. Sen. Kefauver later commended radio, television and press coverage of the public hearings, as they flickered to a climatic conclusion. The national TV program, through the courtesy of the U. S. Senate and the television networks, had its future run in doubt. Billings in the future hinged on whether the committee's life would be extended. Sen. Kefauver said he was going to step down regardless and added he favored a national crime commission. Republican members, Sens. Wiley and Charles W. Tobey (N. H.) looked to continued hearings. Judge Samuel Leibowitz, distinguished jurist from Kings County, N. Y., appearing before the committee, asserted: ". . . Formerly before you had television, before the wide use of radio, a Costello or Erickson was an abstraction. He was something out of a story book. Today, the women of our country have seen these characters, they have been brought right into the living rooms, into the homes and for the first time, I believe, our women in this country have been aroused as they never have been aroused before Sen. Wiley asked the legal expert for comment on the implications of the telecasting of Congressional committee proceedings on the civil rights of witnesses. Judge Leibowitz said it was one thing to have a TV camera at the (Congressional) hearing but quite another to set up a TV camera with Kleig lights in a courtroom. Plan Group Proposed He suggested the setting up of some over-all group to formulate a "carefully thought out plan how to handle this new giant, this new instrument that is just a day old, so to speak. It may be dynamite. It may cause untold harm where good is desired. . . ." Sen. Wiley asked the magistrate: "Suppose we get a criminal before us with 30 or 40 million people looking in and he says he paid CITATION for WDSU-TV New Orleon's excellent coverage of the Kefauver hearings was presented to Robert D. Swezey, executive vice president and general manager, WDSU Broadcasting Corp. At the presentation were (I to r) Jimmy Nelson, chairman. Young Men's Business Club, organization which made the citation; Dr. Lawrence LeBon, first vice president, YMBC; Mr. Swezey, William Guste Jr., YMBC president; Gay Batson, WDSU chief announcer, and Ray Rich, WDSU-TV program director. Telecasting • BROADCASTING SEN. ESTES KEFAUVER (D-Tenn.), chairman of the Senate Crime Investigating Committee, congratulates G. Bennett Larson (I), vice president and general manager of WPIX (TV) New York, for station's fine job of originating and feeding the crimecasts to the TV industry. Ted Estabrook (c), WPIX director, basks in glory. Judge Blank so much. What have we done?" Judge Leibowitz said: "You've destroyed Judge Blank." A possible solution, the witness said, was granting the right to the accused to cross-examine the accusing witness. Sen. Wiley, meanwhile, added a footnote by suggesting that in..^* national emergency, video could prove "a vital instrument" by permitting Congressmen to legislate via the medium. No matter what the legal processes may be — and the TV case is sure to be battled through the courts right up to the Supreme Court — the public was asking for more. This was pointed up by a tremendous mail pull which showered postal congratulations and demands for continuance. Over-all total received by committee participants, was believed to be greater than 25,000 or 30,000 letters and telegrams with about half asking for hearings to continue. Overwhelming majority of these letter writers favored continuance of TV. Sen. Tobey said he favored televising important Senate debates and committee hearings and that TV "can be of a tremendous good" by showing people their government at work. There was a change from crime to religion in Washington in the midst of TV proceedings. During March 24 coverage of hearings, WTOP-TV (CBS) did a last minute switch to pick up Baptist Church Hour at 3 p.m. The station was swamped with telephone calls protesting. WNBW (TV) (NBC), meanwhile, had begun its coverage. However, the committee called the station and asked it drop the crimecast so as not to attract viewers from the church telecast. WNBW then switched to a religious film. The outlet's switchboard was tied up with calls from irate televiewers. It resumed coverage at 3:03 p.m. Sen. Kefauver ex(Continued on page 68) April 2, 1951 • Page 57