Court Reinstates DJ Speech Suit

Last year, the KPFT LSB Program Policy Committee approved the following resolution:

Whereas the word “Pacifica” stands for “peace,” and

Whereas “peace” is one of two principles of the Pacifica Foundation as stipulated by the Foundation’s statement of purpose

Therefore be it resolved that the Program Policy Committee of the KPFT recommends the following policy:

Any and all on-air statements that are clearly pro-war or pro-aggressive military/paramilitary/mercenary by all KPFT programmers and staff are strictly prohibited, and violations will be regarded as an extreme offense. We further propose that a similar policy be, in turn, proposed to the PNB, and become the uniform guideline of the Pacific network in order to assure that the principle of peace is consistently honored on Pacifica’s airwaves.

Although such a policy was rejected by the local board, it opens up a wide variety of philosophical and tactical questions when it comes to volunteers and programming. Does saying one supports the troops qualify as a pro-aggressive military statement? In some committee meetings I attended, the sense I got was some committee members felt it was, though I am sure many listeners might disagree. At what point does free speech and dialogue end and policing begin? This article points out the touchy position community radio faces with enforcement.

Mich. appeals court reinstates DJ’s suit against public radio station

By The Associated Press
03.03.06

ANN ARBOR, Mich. — A former public radio DJ who says he was fired for voicing support for the war in Iraq should have his day in court, the Michigan Court of Appeals ruled Feb. 28.

Theron E. Hughes, known on the air as “Thayrone,” was fired from WEMU-FM in April 2003 after he voiced support for President Bush’s handling of the war and refused to air National Public Radio news updates during his music show.

Hughes sued WEMU, which is owned by Eastern Michigan University, for unspecified monetary damages, saying his right to free speech had been violated. A Washtenaw County circuit judge later dismissed the case.

“I am thrilled we have been vindicated,” Hughes told The Ann Arbor News on March 1.

The 2-1 decision by the appeals court means that the case will return to the circuit court for a trial unless the university decides to appeal to the state Supreme Court.

University counsel Ken McKanders said the university had not yet decided whether to appeal.

“We are disappointed with the decision,” he said yesterday. “We thought we had made a strong case before the Court of Appeals.”

Station officials said Hughes’ on-air comments violated a policy of not allowing announcers to express opinions on controversial matters. In addition, they said Hughes was fired for refusing to air NPR news and denigrating the organization’s reporting.

Hughes plays R&B and soul music on “The Bone Conduction Show,” which used to air on WEMU and is currently heard on WAAM-AM.

According to RadioInk, “the Michigan Court of Appeals determined that WEMU violated Hughes’ rights because existing laws clearly establish ‘that a public employer could not terminate an employee based on the employee’s exercise of his First Amendment right to speak regarding matters of public concern.’” and that free speech trumps WEMU’s “interest in the efficient running of the radio station.”

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Netvouz
  • DZone
  • ThisNext
  • MisterWong
  • Wists
  • BlinkList
  • BlogMemes
  • De.lirio.us
  • Fark
  • feedmelinks
  • Fleck
  • Furl
  • Gwar
  • Ma.gnolia
  • Netscape
  • NewsVine
  • PopCurrent
  • RawSugar
  • Reddit
  • Scoopeo
  • Slashdot
  • Spurl
  • StumbleUpon
  • Technorati
  • YahooMyWeb
  • Facebook
  • Google

If you enjoyed this post, make sure you subscribe to my RSS feed!

Possibly Similar Posts
Fatal error: Call to undefined function similar_posts() in /home/.booker/pacrad/urbanunrest.org/wp-content/themes/simpleton/single.php on line 18