[Imc-newsroom] Amateur News Gatherers on Public Access TV Have Same Rights as Pros

[Danielle Chynoweth]

http://ap.tbo.com/ap/breaking/MGA1LU5FHYC.html

Judge Says Amateur News Gatherers on Public Access TV Have Same Rights as
Professionals
By Justin Pope Associated Press Writer
Published: Mar 6, 2002




BOSTON (AP) - A federal court has ruled that nonprofessional news
gatherers have the same rights as professionals, supporting a community
gadfly who claimed she was muzzled by a public access cable company.
It is the first ruling of its kind, said the American Civil Liberties
Union, which represented plaintiff Patricia Demarest in her fight with
Athol/Orange Community Television.

"It will open so many more doors for common citizens to use public access
as a public forum and a place to speak their minds," said Demarest,
co-producer of the program "Think Tank 2000."

"It's a fight for any common citizen to bring forth ideas and generate
healthy communities."

Demarest used the program to accuse local officials in the central
Massachusetts town of Athol of conflicts of interest.

But after she broadcast the grilling she gave one official, she was
suspended by the cable company, whose board is appointed by the city. The
company also changed its rules to ban controversial programming, requiring
broadcasters to get written permission from anyone they portrayed.

Last week, however, U.S. District Judge Michael Ponsor in Springfield
ruled that such shows constitute a "public forum" and have First Amendment
protection.

AOTV lawyer Peter Epstein said he had not read the verdict and could not
comment.

The cable company said after several controversial broadcasts in 2000 that
the regulation requiring written consent was necessary to prevent unfair
coverage.

The ACLU argued that would prevent coverage of any public official.

Cable access provides the same opportunity to share ideas as printed
leaflets and soap boxes did in the past, said Bill Newman, director of the
western Massachusetts chapter of the ACLU.

"Citizen producers of shows are entitled to the same First Amendment
protections as producers of shows for large media outlets," Newman said.

The judge essentially agreed, writing that the requirement "made news
makers news editors. By refusing to sign a release form, Athol's news
makers could ensure that their images did not appear on AOTV."

Ponsor also struck down an AOTV rule that prohibits broadcasters from
showing illegal acts. Such a requirement, he said, would have prevented
the broadcast of "some of the most important moments in American history,"
including footage of the Bloody Sunday attack on civil rights marchers in
Selma, Ala.

AP-ES-03-06-02 1159EST




--
======================================================================
 Mark Hernandez                                   markh at repairnet.com
  KFCF Volunteer | FFCF Member/Director | KPFA Volunteer/LAB Member
======================================================================


###############################################

This  majordomo list has been formed to continue discussion
generated at  the Madison GRC-5 and the Boulder GRC-6
conferences.  Subscribers to  <grc at peak.org> may  choose to
receive a digest format where several posts are bundled
together in a single email .

Consensus is that news items do NOT belong in the
grc list unless they relate to the GRC mission.

Those seeking subscribe/unsubscribe -and other information may post the
message  --   intro grc  --to  <majordomo at peak.org>.