Community Media Review, Vol. 14, No. 5, Nov 1991

20 Pages·1991·11.8 MB·

Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the
press; or the right of the people
peaceably to assemble and to
petition the Government for a
redress of grievances.
32 Tracks
All Stereo
65%M inutes of Music
I N K - W O R D S
L I G H T W A V E S
B I T S - B Y T E S
E T H E R
I T DOESN'T MATTER
-
Corporate Power
Èlub,
Techno Tunes Energetic
G r e e S peech Torever Picturesque Sports *News
Warm & Fuzzv *Dance
+
BIRTHDAY
HAPPY + IST AMENDMENT free Phone Demo
Grand Rqids Community Mediacenter SO Lbraty PI. Grand Rap%, MI 49503 (616) 459 - GRTV 312-661-1296
MUSI-0 Production Music Library
Amendment 1: Right to freedom of Religion,
Speech, Press, Assembly, Petition
Congress shall make no law respecting an
establishment of Religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the
people peaceably to assemble, and to petition
the Government for a redress of grievances.
THE COMMUNITY CHANNEI 5LUMBUS.C
CELEBRATING THE BILL OF RIGHTS
TABLE OF CONTENTS
Connections
IF rom the Chair, Andrew Blau 3
I 1991-92 NFLCP Board of Directors, International Update 4
Public Policy Update 5
Access and the First Amendment
6
IF rom the Executive Director, T Andrew Lewis
IA merica & the Bill of Rights at a Historical Crossroads 7
IP ublic Access as a 'High Tech' Public Forum,
8
Michael I. Meyerson
 The first Amendment -45 Fightin' Words, fi irk Koning 10
IO bscenity Law: What Does It Mean?, Clyde DeWitt 12
I Freedom of Expression in Europe: just 40 Years Young,
Nico vanEijk 13
IB uilding First Amendment Partnerships, Rick Hayes 14
IY outh Get in Focus at Cable Access of Dallas 15
Bnan Girtman, Atif Harden, Rick Hayes, . I NATOA's 11th Annual Conference-
Karen Helmerson, lames Horwood,
Cad Kucharski, lulie Omelchuck, Charting An Ocean of Change, Martha Schmidt 16
Karl Peterson, Paula Manley,
Sharon Mooney, Anthony Riddle, I Cover Illustration by left Hudson
Dorothy ~higbn~, ark.~indler,
LaMonte Ward, Rika Welsh, David Vogel
ABOUT THIS ISSUE: Flexing the First!
mmunity Television Review is publishe'
onthly by the National Federation of Loci 1n. reading this issue, it will strike you that the First Amendment we hold so dear is in serious
e Programmers. Subscriptions available a
a year for six issues. Send subscriptions, jeopardy. The authors this issue sound the praises of the First, but impassionately warn us of
membershi~sa, ddress chanaes and inauiries to: the grave challenges ahead facing this bedrock document.
LCP, PO BOX 27290, washington, D.C. 20038- That the First Amendment is under fire cannot be denied. In the course of human liberty, there
90. Telephone [phone]. have always been those who are all to ready to sacrifice a measure of freedom for a modicum of
dress advertisina inauiries to: Communit security in the name of red or imagined threats.
But let's not forget that this issue is also a celebration. The First Amendment marks 200 years
. ". . on December 15, and there probably hasn't been aone of those years that it hasn't had to weath-
Ik orders for additional copies are considerei ersome sort of assault onitsintegrity.
a case-by-case basis. Contact the national o f It is precisely folks like us, though-the writers this issue, community media professionals, the
for rates and delivery.
thousands of independent producers out there-that have allowed our cherished right to free ex-
991 by the National Federation of Loca pression to survive into its third century.
ble Programmers, Inc. Non-profit organiza-
By exercising those freedoms guaranteed by the First Amendment, together we have contribut-
ns may reprint items from CTR (with excep.
ed to its defense and its strength. We do it daily in everythingwe do, from the printed word to the
of materials copyrighted by others), provid-
CTR is credited and the NFLCP notified c fibered image. While not all of us can be out there heralding its tenets and sounding the threats
rinting. All others must obtain advance writ to its existence, we're doing a part in the very things we do.
-Tim Goodwin
Managing Editor
CTR Novernber/December 1991 1
and SFX CD's
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b Then think of doing it quickly and easily. Hotline
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1
for
Alliance CommunicationsD emocracy
The ACD's expressed
purpose is to increase
awareness of
Community Television
through educational
programs and
participation in
court cases involving
franchise enforcement
and constitutional
questions about cable
ac&s television.
'94 Convention Accessina the
"
to Sacramento NFLCP
Sacramento, CA has been select- The questionnaire also asks for Fuczon, AZ (site to be arranged) Jobline. For access jobs across
ed by the NFLCP as the site of the two "good ideas", two problems, md during the national conven- America, or to post job openings,
July1994 national convention. and any incentives for volunteers. ton, July 15-19, in St. Paul, MN. call [phone].
Some 1500 are expected to attend, Responses as compiled will pro- For more information, contact Bulletin Board. To connect,
representing all 50 states and a vide valuable information and a the national office at (202) 393- call [phone], and set your
number of foreign countries. shot in the arm for small opera- 2650. computer's modem to 300,1200 or
The 1992 convention will be tions. 2400 baud, 8 bits, 1 stop bit, no
1992 National
held in the Twin Cities, at the St. NFLCP members who join the parity.
Paul Radisson Hotel, St. Paul, MN, SIG [$10/year) will receive results Media Awards National Office. Call (.2 02.) 393-
July 15-19. Atlanta, GA will be the of the small access center 2650, or write PO Box 27290,666
site of the 1993 convention. Exact survey-facts, figures and ideas. The Retirement Research 11th St. NW, Suite 806, Washing-
dates and sites for 1993 and 1994 Members may contact Greg Epler Foundation, a private philantro- ton, DC 20038-7290.
have yet to be chosen. Wood at PO Box 871, North phy devoted to improving the
Bennington, VT05257 for a copy. quality of life of older persons in Computer Show
Small Is Beautiful Information on NFLCP member- the US, has issued a call for entries
On the Bird
ship is available through the na- for their 1992 National Media
Community access centers tional office. Awards, a competition for recently
PCTV Live!, a 30-minute televi-
come in all sizes, ranging from ATTN: Large Access Centers-The produced media on issues related
sion show about personal comput-
those with budgets in the hun- Small Access Center SIG needs your to aging.
ing, is available off the bird for re-
dreds of thousands of dollars to help. Ifyou know of any small access Goal of the awards is to identify
broadcast on cable channels. The
those run on ashoestring. operations ("small"b udget or "smalI" and promote the visibility of out- commercial-free show, which
The recently-formed Small community size) please notify Greg standing films, videotapes, and
launched in November, will pro-
Access Center Special Interest Epkr Wood at the address above or television programs for and about
Group (S1G) invites all small access Anita Stech, PACT, 2420 E. 6th St., aging or aged people and to en- vide "a quick but comprehensive
Duluth. MN55812. overview of the software, hard-
centers/operations to join togeth- courage excellence in media pro-
ware, and technology in the field
er to share information and to rec- ductions on related issues.
Upcoming today to make computing not only
ognize the progress being made A number of categories are rep-
easier, but more enjoyable to the
on small budgets and in small Board Meetings resented, including a "community end user," according to host
communities. video award", for the best com-
Victoria Hall Smith.
The Small Access Center SIG has The NFLCP Board of Directors munity video program, produced
The program is uplinked on
distributed a questionnaire to ac- will meet January 17-19, 1992 at or co-produced by a community
Galaxy 6, Transponder 17 (C-
cess centerloperations regarding the Washington Marriott Hotel in group or older people for cable or
band) weekly on Thursdays at 4
the basics-size of system, operat- Washington, DC. public television broadcast.
p.m. EST, with taped feeds at 10
ing budget, staff/volunteers, num- Meetings are open to members Prizes range from $500 to p.m. EST and 11 a.m. EST Sun-
ber of programs, equipment, etc. and the public, or members can $5,000. Entry deadline is February days. For more info, contact
Responses to this questionnaire have their viewsvoiced by their re- 4, 1992. For application and fur-
Sbarry Manning, PCTV, North
will provide a base of information gional board representatives [See ther details, contact Ray Bradford,
Main St., Newport, NH03773 (603-
regarding the complexity and vari- names and addresses elsewhere in Project Director, RRF National
357-5898).
ety of resources that are woven to- this issue). Media Awards, Center for New
gether in smaller access opera- The board meets four times a Television, 1440 N. Dayton, God forbid we shoud ever be twenty
tions to provide community televi- year. Other dates currently sched- Chicago, IL60622 or call (312) 951- years withouta rebellion.
sion access. uled are April 10-12, 1992 in 6868. -DmmasJefferson,1 787
1
FROM THE CHAIR Challenge for Change im.ag es and awareness of PkG programming, and suppun uur members
1 as thcv, dii the same in their own wmmunities.
0u r field confronts change every day-changing funding expects- ~~~ ~~p~ iye~~~r s~i~f y ~ ac~ cess funding. any of US have learned that a single
tions, changing political environments, and changing techno log^ f^/cng source can dry up, whether it is dedicated access payments or a
come to mind. The organization that serves this field must con- portion ofhhisef ees NFLCP will be with members to iden-
sider how it will focus its own resources in order to best serve members tib additional funding options and educating members about this sur-
and strengthen community-based television in these challenging times, ...Val sbl,
At its October meeting, the NFLCP Board spent a full day addressing of course, good ideas are never good enough without a means to put
these issues with management expert Sue Didple. Sue has worked with into effect. TOt hat end, the Board appointed a Strategic Planning
access centers and the NFLCP before, and is aware of how PEG access Q to be led by ~~~~~~d~ M ~the ~o~ard'Vs~ ice-cha~ir. ~ ,
works as well as our organization's values. With extensive input from pemando will be joined by the four committee chairs, the re-
our delegates, the Board identified three major long-term goals through gional chairs' representative to the Executive Committee (Ron Cooper),
which the NFLCP can serveour field and our members: and Executive Director T. AndrewLewis.
Develop a stable and suPPortive legal framework for me" With avision and a means to pursue it. the NFLCP is moving ahead to
operations. NFLCP has adopted astrong policy platform, crafted serve the needs that members have today and will have down the line.
islative agenda, and sought to bring the interests of the PEG access corn- challenges are all around us, especially the challenge for change.
munity to lawmakers. This effort, which delegates consistently Butnowwehaveafreshmap, drawn with the expertise of our members
as a top priority, will be developed as a crucial service to members. and our Board, to guide us.
Educate the public about PEG access and the NFLCP in order By Andrew Blau
to build support and awareness. We must actively cultivate positive Chairperson
CTR NovemberIDecember 1991 3
1991-92 NFLCP BOARD OF DIRECTORS INTERNATIONAL UPDATE
Julie Omelchuck What Do We Do Now?
OmnkatlonalD eveloument Chair
Andrew Blan Chair, At-Large " Now that the Regional International Committee
Director
Columbia InstituteforTele-Information - (RIC) chairs are in place, the questions "what do we
Multnomah Cable Regulato~Commissiou
809 Uris Hall-Columbia University 1120-5th. Rm. 1430 do now?" and "how do we do it?" join other concerns
NewYork, NY 10027 Portland, OR 97204 essential to the future of regional participation, such
212.8544222 212.932-7816fax [phone].248-3292 fax as "why are we doing this?" and "how will our efforts
Pemando Moreno Vice-Chair Cad Kuchamkl Public PdlevChair be sustained?".
Mountain StatesRegional Chair Executive Director The NFLCP formed the International Advisory
Training Coordinator, Quote..SInquote
ACTV Cable 21 Committee several years ago as an ad hoc group
1905 Lnmas NW
394 OakSt. whose task was to look at the role of the NFLCP in an
Albuquerque, NM 87104
Columbus, OH 43215 increasingly international arena of developing com-
505.243-0027 505.243-5883 fax
614.224-22% 614.224-5401 fax munity media. Since then, it has become evident that
Judy CrandaIl Secretary
cultural media education throueh oeoole and taoe ex-
Central States Regionalchair
changesis of primary interest world-wide.
Program Coordinator, GRTV LaMonte Ward Eq- ualO-pp.o rtunitv
The success of such exchanges land the overall goals
50 library Plaza NE Administrative Director w . "
Grand Rapids, MI 49503 Tucson Community Cable Corp. of the committee itself) liesin theability of the coordi-
616.459-4788 616.459-3970fax 124 E. Broadway, Tucson,AZ85701 nators to provide environments within which cross-
SamBehrend Treasurer, At-Lqe 602.624-9833 602.792-2565 fax cultural emeriences can be understood, discussed and
Executive Director, TCCC James Hnrwood Legal Affairs maintained for present and future audiences and par-
124E. Broadwav Attorney-at-Law ticipants. his requires awell thought-out game
Speigel.4 McDiannld For most countries outside the United States, and
1350NewYorkAveN WiUl00 for the "multi-cultural" movement within our own
Washinnon. DC 20005 borders, community-based media is largely driven by
issues of preservation; human life and cultural identi-
ty. Among others, these are issues that the NFLCP
- -
Access ~acramento~ International Standine Committee is oblieated to ad-
4623 T St. Executive Director, MTN dress when particip.a ting. in international exchanges.
Sacramento, CA95819 MIA Plymouth Ave. In order to susta.in these efforts and me-e t our obliga-
916.456-8600 916.451-9601 fax Minneapolis, MN 55408 tions reliably, and orofessionall,v.. a shone and effective
AtlfHarden Mid AtlantkRegional Chair 612.331-8576 612.331.8578 fax mechanism for the administration of exchanges is ever
Executive Director. DCTV Paula Manley At-Iaqe more important. To realize this objective on a local
2217 14th St. NW, Washington, DC20009 Executive Director level, and at the same time provide the International
202.659-6263 202.332-7020 fax Tualatin Valley Community Access Committee with information it needs in order to ad-
Mary Cardona Midwest Regional Chair 1815 NW 169thPI.È602 dress its concern for repreieniation, responsihililies uf
ComTVCoordinator,ViUage ofGlenview Beaverton, OR 97006 the Rid in this first war ,and on-~oineal re to;
1225 Waukegan Rd. 503.629-8534 503.645-8561 fax 1) Survey their communitiesanddefine Regional
Glenview, a60025 ShamnMtmney At-large International Committee goals and objectives from a lo-
708.724-1700 ext. 265 708.724-0916 fax Executive Director cal perspective.
RIka Welsh Northeast Regional Chair Buffalo Community Television 2) Establish a budget which reflects these go& and
Executive Director, MAW Buffalo City Hall, Room 1308 begin fundding.
145 Pleasant St. Buffalo, MY 14202 3) Participate in the desbo f the InternationalTrack
Maiden, MA02148 716.851-5442 716.851-4845 fax at the annual convention, and other International
617.321-6400 617.321-5133fax Karl Peterson At-Large Standing Committee projects already underway.
BrianGirtman NorthwestRegionalChair Executive Director. DCTV 4) Work with the International Committee to define
Technical Coord., Portland Cable Access 1623.5thSt... S1e.A further organizational needs and working relationships.
2766 Martin Luther Kine. Ir. Blvd. Davis, CA95616
Portland. OR 97212 v 916.757-2419 9 16.757-2938 fax In addition, primary objectives of the RICs as seen
by the~nternational~om&eea re to:
503.288-1515 MarkSlndler At-Large
1) Provide a direct voiceand representation on a local
DavidVoeel Southeast RednnalChair Louisiana Center for Cultural Media
level of the multi-cultura~ethnickncernssu rrounding
General Manager, CIV of ~noiv~~ieh2 0. 2026 St. Charles
912 S. Gay St, È60 New Orleans, 14. 70130 the development of public access and its ability to effec-
Knoxville. TN 37902 504.529-3366 504.523-7875 fax lively serve thesesarnecommunities.
2) Provide greater opportunity for leadership devel-
Dorothy Thigpen At-Large
1168 E. Broad St. #GI opment.
Columbus, OH 43205 3) Act as a conduit for the exchange of information
Rick Haves Info Senrlcef Chair
614.253-2488 between national, regional and local levels of the
&age;, ACTC-10
NFLCP.
Alien Community PublicLibrary
900 Webster St. T. Andrew Lewis Executive Director 4) Participate in the development of community tele-
vision world-wide through NFLCP international ex-
Fort Wayne, IN 46801 Reghald Carter Member Services Ms.
219.4247241 ea. 2254 219.422-9688fax ~a&al Federation of change projectt.
Karen Helmemon l~llCommitleeChair .ocal Cable Programmers 5) Develop and facilitate other projects, conferences,
Director of Finance, FilmIVideo Arts PO Box27290 educational materials and information which reflect lo-
817 Broadway 666-llthSt. NW,Ste. 806 cal international, cultural and multi-ethnic interests.
NewYork, MY 10003 Washington, DC 20001-7290 Karen Helmerson
212.673-9361 212.475-3467 fax [phone].393-2653 fax International Committee Chair
4 NovemberIDecember 1991 CTR
PUBLIC POLICY UPDATE
Energizing Our Vigilant Spirit
"Access to cable communications is founded on the
principle offreedom of speech as expressed by theFirst
Amendment of the U.S. Constitution. In our society,
telecommunications, particularly television, are the
predominant media for communications, and access
to those media is essentialf orfreedom ofspeech to bea
practi'cal reality. Effective access to cable communica-
tions includes the freedom to determine the form of ex-
pression."
This statement from the NFLCP's Public Policy
Platform supports the "public interest" principles ex-
pressed by Congress in national communications
policies since 1927. As recently as last year the Senate
reaffirmed these principles when the Commerce
Committee said:
Much of the structural regulation of the media in-
dustry is premised on the theory that the nation will
tolerate little direct regulation of content, but that the
First Amendment can be advanced by regulating the
structure of the industry. The Committee believes the
~arketo f ideas and an informed and well-educated
First Amendment implies an affirmative role for the
tizenry by declaring: Fairii In The tirst?
government to encourage a diversity of voices. In
Thecommittee believes that PEGaccessprogramming
some instances, the First Amendment requires the an important complement to local commercial and ¥A the bicentennial of (he Bill of
government to ensure that there will be free competi-
oncommercial broadcasting to ensure that the govern- Rights neared (he first wave of a
tion of ideas and voices. lent's compelling interests infosteringdiversity and lo-
Structural regulation of the media industry has in- illsm, providing educational and informational pro- nationwide study found that Americans
cluded antitrust laws, cross-ownership prohibitions, ramming, and promoting the basic, underlying values rate free speech a; their second most
the Prime Time Access Rule, equal time provisions for f the First Amendment, are advanced by cable televi- precious First Amendment right and
candidatesfor elective office and cable television. on. It bas been demonstrated thatwherePEG channels
regarded e free press highly-in (he
In 1984, Congress explained its intent to apply PEG dst, these interests havebeenwell served.
access provisions to local franchises in its Report on Unfortunately, during the last 10 years several abstract But when questioned about
the Cable Communications Policy Act by stating: ederal Administrative Agencies have interpreted the specifics, those sumyed during 1990
One of the greatest challenges over the years in estab- aublic interest" to mean "what interests the pub- displayed an alanning willingness to
llshlne communications policy has been assurine access c"-a mere popularity contest in the commercial
remove legal protection from forms of
to theelectronic media by people other thanthe 11- tarketplace of ideas. Democratic values in commu-
cemees or owners of those media. The development of ication policies are being replaced by commercial free expression they merely disagreed
cable television, withits abundance of channels, can pro- tterests who view citizens as passive consumers in- with or found offensive.'
vide the public and program providers the meaningful
ead of active participants in the democratic process. And so begins the Exeaiive Summary
access that, up to now, has been difficult to obtain. A re-
James Madison once stated that liberty is protected
quirement of reasonable third-party access to cable sys- .. to Free Expression and the American
y the "vigilant spirit which actuates the people of
tem will mean a wide diversity of information sources Public A Survey commemorating the
merica" There is no better time for those of us con-
for the public-the fundamental goal of the First
erned with citizen participation in the electronic 200th Anniversary of the First
Amendment-without theneed to regulate the content ol
programmingovercable. iedia to energize our "vigilant spirit." Amendment. The basic wndusion
Accordingly, a function of free speech under our
Further in that report, Congress applied the struc- of this report-'it is apparent (hat free
[stem of government is to invite dispute. It may in-
tural regulation principles to cable when it said: expression is in veiy deep trouble."
eed best serve its high purpose when it induces a
~ccecih annel requirements fit squarely within the ondition of unrest, creates dissatisfaction with con- A few examples of findings from the
cateiiorv of limited at~cturarle gulation of the media
thathas been consistently upheldby the courts as con- itions as they are, or even stirs people to anger. 1500 Americans sunreyed found that
peech is often provocative and challenging. It may
stitutionalhr-permissible means of encouraging a di- only one-third of those suweyed would
mike at prejudices and preconceptions and have pro-
versifyo finfo~ationsources~. ableaccessre&tion! jund unsettling effects ...T hat is why freedom of protact (he right to buy magazines with
are content neutral, yet substantially increase the nu! ...
peech, though not absolute isnevertheless protect- nude pictures: nearty 60 percent would
ber of voices that &i reach the home. ~ccessre quire-
ments may provide a way of promo.t.i.n g diversity with- d against censorship or punishment, unless shown not protect flag burning end only 20
outstraining the Eirstkendment Thus therecan he kely to produce a clear and present danger of a seri-
percent would protect heu se of slang
nodoubt that the purposesof access regulations servea us substantive evil that rises far above public incon-
most significant and compelling government enience, annoyance or unrest. words referring to sex.
interest-promotion of the basic underlying values ol There is no room in the Constitution for a more re- The report i;available for $5.95 from
the Ehnt Amendment. trictive view. For the alternative would lead to stan- The American Society Nompaper Editors
Similarly, the House of Representative's Committee ardization of ideas either by legislatures, courts, or
Foundation, Box 17004, washington DC
on Enerev and Commerce in 1990 aaga in endorsed the ominant political or community groups.
20041 [phone].
that PEG channels serve substantial and CarlKucharski
compelling government interest in diversity, a free PubUcPolicy Committee Chali
CTR NovemberIDecember 1991 5
Access and the First Amendment:
What Price Freedom of Expression?
-
1. Andrew Lewis the players to utilize market strategies to earn a reasonable return. We
recognize that the market can spearhead the development of technol-
Executive Director, NFLCP
ogy. We even concede that the market can spearhead the development
'W
hat price? Has the NFLCP's new Executive Director of technology. We even concede that the investing of millions of dol-
cracked so quickly under the pressure? What price for lars by "the big guys" to wage this war is no more sinister than accept-
the freedom and diversity of expression that is the ed current practicesin this arena
sence of our democracy?W hat price?" We are, however, outraged at the planned demise of access to the
No, the E.D. has, in fact, had his mental acuity suddenly sharpened emerging technologies for local communications whose success,
in this arena The game, the players, the stakes and the cost are more though constantly under siege, has been undeniably proven. Yes, 1
clear now than ever before. Sit down and listen up for aminute. said demise-death-collapse-fall-the end-of PEG access. Just as we
On Friday, October 25th, the FCC announced its "video dial tone" have seen in the medical field, for example, technology is of no conse-
plan. This scheme would enable telcos to transport video services quence to the masses who continue to die if access to those technolo-
within their service areas on a common carrier basis. The prohibition gies is denied because of cost or market structure and interest. No
against telco origination or cross ownership of such more access.Those are the stakes.
video programming and cable companies would re- What to do?
main, although there is movement afoot to eliminate First, understand that the time is now. Become
this Cable Act restriction as well. educated and vigilant, and then become an educator
This sounds harmless, huh. Even more video pro- of others. This is perhaps the most threatening "offi-
gramming would be available to more households. Sit cial" attack on access ever planned. I have spoken of
down aeain! FCC Chair Sikes. the original author of the "big players", but do remember that the biggest
the scheme and its primary booster, ismoving toward group of players are the 250 million citizens who were
apure market approach to video services. This appo- the intended recipients of the fruits of the First
rach speaks clearly to his view toward future tech- Amendment. We-you, me and this unique organiza-
nologies in telecommunications as well. We are all tion-reoresent them in this frav,
aware of the stellar example that the commercial Second, act! You will receive information and
broadcast industry has set in meeting local communi- calls for action from us very soon. Act. We cannot af-
Finally,
cation needs! Even today, access channels (providing ford to have these letters placed in the file drawer for
some2,000 wmmunitieswith more than 15,000 hours action at our convenience. Everyone with an interest
support your
of local programming each week) produce more local in access must act. And that should be everyone-ac-
programming than ABC, CBS, NBC and even PBS com- convictions. cess centers, educators, municipalities, producers,
bined! viewers and beneficiaries of the First Amendment.
Nevertheless, in the "market game", there is con- Invest in your Finally, support your convictions. Invest in your
cern, of course, that all parties-now the cable compa- belief in free and diverse expression. The NFLCP is the
nies, broadcasters and telcos-would compete on a belief in free sole, national organization dedicated to protect and
"level playing field". Robert Pepper, Chief of the FCC expand those convictions and beliefs. Yet, over seven-
Office of Policy and Plans (and, can you believe, for- and diverse typercent of our individual members (just under fifty
mer access proponent) has identified the major cul- percent of all members) have enrolled in the low-in-
exprwhn!
prit in this regard-it is the "onerous access burden" come category, and pay just $15 per year for services
-
suffered by cable companies. Yes, that onerous bur- and su.o.o o rt. This situation would he good news if it
den of the First Amendment-perhaps like its onerous counterparts, -presented a tremendous increase in grassroots participation, but it
due process, trial by jury and voting-must be lifted in favor of this does not. Total membership has not increased. This results in less
market strategy. Thus, Pepper does not propose, as we do, that all pur- than adequate support that sends a message to the FCC and the "big
veyors and transporters of future telecommunications services take on players", and should send amessage to us. Wedo not request millions
the First Amendment responsibility of access, but rather that none of dollars to put into this battle. Despite its critical importance, I do
need do so. The FCC takes this position despite the numerous findings not believe that to be the best use of such huge sums. We do, however,
of Congress that the compelling First Amendment interests of freedom deserve the involvement and support of millions of diverse
and diversity of expression are well served by PEG access. Americans-beginning with you and me.
What's next. Well, cable companies are not extremely pleased. Many What cost, then? Our cause deserves the greatest amount of finan-
of them are, of course, laboring under that "onerous burden" of access cial support that each of us can muster in dues and contributions.
as well as franchise fees. The telcos feel that the plan does not go far Your past support has been so vital to our efforts. Do not, now, under-
enough. They would like to see the cross-ownership prohibition re- capitalize the First Amendment. Do not under-finance your commit-
moved Cities are certainly not fond of their franchise fees by users of ment to the access institution. It may be an alternative communica-
their public rights of way being cast in such negative terms. Are all the tion artery through which the desperation of our young people can be
'bigplayers" disgruntled, then?Don't shed your tearsfor them just yet. re-channeledfrom its current network of blood-filled streets. Or it can
The prospect of cable companies, broadcasters and the cash-rich tel- be a conduit for learning in an era of gruesome slashes in the budgets
cos striking deals is a definite possibility. The elimination of the fran- of educators. It might represent a channel which revitalizes the inter-
chise fee is not in the cards. In fact, the sources may be expanded, and est of turned-off citizens in the political process. Perhaps it is the
any specific requirements on their use may be eradicated. And provi- purest source oflocal information, opinion and entertainment.
sions for reduced regulation of broadcasters are on the horizon. Whatever personalized use for it conceived by the people, the free-
We do not begrudge cities and other governmental entities revenues dom and diversity of expression made possible through access cannot
that they need to serve their citizens. Nor are we so naive as to deny now belost. It must not belost-at any cost. It ispriceless. I
Novernber/Decernber 1991 CTR
"The Choice is Ours"
America & the Bill of Rights at a Historical Crossroads
RICHMOND, VA -I n this capitol of the Confederacy
over 200 FirstAmendment scholars and vractictioners
gathered for three days this past October to wrangle
and
01er the past. present future of this miracle do&.
mem durine the National First Amendment Gneress.
of
The delegates were seated in a sparkling gem the
south, the Virginia State Capitol, designed by Thomas
Jefferson in 1788 and the very spot that the Bill of
Rights was ratifind onDecember 15,1791.
Congress President John R, Finnegan, Sr. and
Executive Director Claudia A. Haskel challenged dele-
gates, and us all, to think long and hard about this
document as itf inds itself at an hismrical crossroads
on its bicentennial birthday. What follows is their in-
troduction to theFirstAmendment Congress.
Bill of Rights Turns 200
D
ecember 15,1991, marks the 200th anniver-
sary of the ratification of the Bill of Rights,
This year we not only celebrate two centuries
of our own freedom, hut as nations around the world
adopt principles of democracy, open markets, and
freedom of speech, press and religion, we will .jo in in
the celebration oftheir newly foundliberty.
As citizens of the free world. Americans have much
to be grateful for. However, before the nation he-
comesabsorbed in another bicentennial celebration,
we encourage Americans to enter a period of study.
contemplation and dialogue about the future of the
Bill of Rights.
As our society heads into its third century, people
are questioning whether their freedoms work for
them, or against them. They are affected by terrorism.
Drugs. Gang warfare. Rampant crime. Official secre-
cy. They are appalled by thelackof integrity in people
they need to trust.
Americans are troubled by confrontations over flag
burning, obscene photographs and music. They ques-
tion rights long held sacred, because those rights
seem to conflict with values held equally sacred.
New technologies outdate current privacy and pub- PHOTO BY PETER LOWE
lic "rieht to know" standards at increasine-lv. rao.i d
rates.if citizens do not understand the real and po- of affairs? Would they consider limiting the "great free- The Virginia Houseof Represaitatives
tential effects of new technology on individual priva- doms" in order to secure a safer society? in thestalecapitalatRichmond,
cv and access to information, new Judicial interoreta- Significant and evolving issues promise to reshape designed by Thomas Jefferson and
tions and statutes may not reflect the consensus ol interpretations of the First Amendment and the Bill of the site ofthe ratification of the
society. Rights in the 21st century. Even as new democracies Bin ofRights, December 15,1791.
The media face similar concerns. They seek to adopt the rights we secured 200 years ago, America is
maintain balance on a constantly shifting tightrope of at a historical crossroads. One road turns away from
personal privacy, access to informationand our great experiment of individual freedom. The other
ment accountabilitv. Research indicates declinine preserves the rights that have made citizenship in this
IF YOU WANT TO LEARN MORE
public confidence in'the credibility of the press. If the country the envy of millions around the world.
American people do not support a free press, the The choice is ours. about the first Amendment Congress
courts will he encouraged to restrict journalists' ac- John R. Finnegan, Sr., President and how you can become involved in
cess and ability to investigate government affairs. If First Amendment Congress
prese~ingfr eedom of expression,
government information is not accessihle to mem- ClaudiaA Haskel
bers of the press, it cannot he accessihle to citizens. ExecutiveDirector please contact:
Did our%ounding Fathers have the foresight to First Amendment Congress
know the complex conditions we would face todav
1445 Market St. Suite 320
when they developed the Bill of Rights? If they were
here now, how would they react to our current state Denver, CO 80202
CTR NovemberIDecember 1991 7
Public Access as a 'High-Tech' Public Forum
by Michael I. Meyerson oppose the speaker's view." Perry Educators'
Association v. Perry Local Educators' Association, 460
Professor of Law, University of Baltimore
U.S. 37 (1983).
A
democracy requires freedom of expression. If To determine whether public access is a public fo-
a free people is to govem itself and lead lives rum, we must decide into which category it falls.
. as autonomous individuals, there must be Although cable uses the public streets for laying the
Free Speech Is..
freedom to communicate ideas and learn from one wires and creating the system, it isunlikely the courts
Ind'ipeniable for the development another. While the Constitution guarantees freedom will find public access, an invention of the late 1960s
and extension of.. .k nowledge, a of speech, it does not specifically spell out how that to be a traditional public forum, used by the public
freedom operates in a wired village, how the 18th forntimeo ut ofmind." Rather, courtsshould rule that
considaation of much practical import. Century concept of freedom operates in a time of public accessisatype-two, designated public forum.
In the first inshimit must be fiber optics and pay-per-view. To understand bow The key question turns on bow the forum was cre-
guaranteed by law. But tews alone these issues are likely to be derided, it is necessary to ated. The Supreme Court stated that the street lead-
walk through the legal background upon which the ing to a United States Post Office from the parking lot,
cannot secure freedom of expression:
future will be created may not be a public forum even
While the
in onler that every man may present In the beginning, there was the though some have been allowed
h'n views without penalty, there must public park and sidewalk. The Constitution to leaflet and speak, #The govern-
ground may belong to the govern- ment does not create a public fo-
bea spirit of tolerance in the entire
ment, but the people retain an in- guarantees freedom rum by permitting limited dis-
population. Such an ideal of external
violable right to speak their minds course, but only by intentionally
of speech, it does not
liberty can never be fully attained on the streets and parks. The gov- opening a nontraditional forum
but mht be sought &ittingly if ernment lacks the power to pro- specifically spell out for public discourse." United
hibit the uses of streets for the States v. Kokinda, 110 S.Ct. 3115
saentific thought and philosophical
communication of ideas. As the how that freedom (1990). Similarly, the Court ruled
and creative thinking in general, are
Supreme Court has said, that a charity drive for federal em-
to be advanced as far as possible. "Wherever the title of streets and operates in a wired ployees, was not a public forum
Albert Einstein parks may rest, they have im- village, how the 18th without, "evidence of a purposeful
memorially been held in trust for designation for public use."
the use of the public and, time out Century concept of Cornelius v. NAACP Legal Defense
of mind, have been used for pur- & Education Fund, 473 U.S. 788
poses of assembly, communicat- freedom operates in (1985).
...m erely an expression of free thought ing thought between citizens, and Fortunately for access program-
a time of fiber optics
Keep thinking, keep speaking. discussing public questions. Such mers, there is not only "evidence
use of the streets and public and pay-per-view. of a purposeful designation for
Dirk Konini
places has, from ancient times, public use," such designation is
Access Center Direct01
been a part of the privileges, im- To understand how required by federal law. Section
munities, rights and liberties of 611 of the Cable Communications
these issues are likely
citizens." Hague v. CIO 307 U.S. Policy Act of 1984 (the Cable Act),
496 (1939). permits cities to set aside chan-
to be decided, it is
... the ability to say whatever is on our In other words, one of the at- nels for "for public, educational,
tributes of being a free citizen, of necessary to walk or governmental use." (47 U.S.C.
heat. on your mind and in your soul
being an American, is the ability 531). Congress stated that the
without the fear of censorship. to use streets and parks for First through the legal public access channels, "would be
And it is the responsibility to Amendment activity. Not all gov- available to all." H.R.Rep. No. 98-
background upon
handle the consequences. ernmental property is created 934,98th Cong., 2d Sess. 36 (1984)
equal, however. You obviously which the future (the "House Report"). Thus, pub-
Free Speech is America.
cannot go inside a courtroom ica ccess is mandated to function
Free Speech is Public Access where a trial is taking place and will be created. as apublic forum.
television. picket and leaflet indoors. There is one last definitional
To help draw some lines, the Supreme Court has problem which needs to be faced. Cable operators
Cheryl Miiel
stated that there are three types of public property. have claimed that access conflicts with their right to
Access Center Directm
The first are the streets and parks, the quintessential control their own property. At first, this is not an out-
public forums. The second type of governmental landish contention. Normally, there is no right to
property, "consists of public property which the state speak on someone else's property. You cannot walk
has [voluntarily] opened for use by the public for ex- into someone's house or store and demand to speak
pressive activity." The State is not required to permit if the property owner tells you to leave.
speech here indefinitely, but while it does, "it is As the Supreme Court has stated, "An uninvited
bound by the same standards as apply in a traditional guest may not exercise general rights of free speech
public forum." The third type of property is that on property privately owned. It would be an unwar-
which is not set aside for "public" communication, ranted infringement of property rights to require
and government can silence all speakers or regulate them to yield to the exercise of First Amendment
the content of the speech given, if "not an effort to rights." Lloyd Corp. v. Tanner, 407 U.S. 551 (1972).
surpress expression merely because public officials This is a recognition that, as a general rule, private