[Peace-discuss] Adams Billboard *Vote Yes to Impeach* a precise political statement

[John W.]

At 07:50 PM 5/24/2006, C. G. Estabrook wrote:

>If they insist on censoring our message -- if they won't sell
>us the space -- I think we should take them to court.  A call
>to our legal advisor would be in order -- or see if we can
>find someone to sue them (altho' I admit that access to this
>particular medium will probably not make much headway against
>"private enterprise").
>
>But what they're willing to post is the Bush administration's
>position -- see
>http://www.washingtonpost.com/wp-dyn/content/article/2006/05/22/AR2006052200115.html
>
>AWARE funds should not be spent for that!  --CGE


At the risk of wasting my time replying to this because I lack 
"credibility" or something, here is what your legal advisor will tell 
you:  A privately-owned newspaper is under no obligation to accept a paid 
advertisement from any particular individual or interest group.  Radio and 
TV are held to a SLIGHTLY higher standard than are newspapers, because they 
utilize airwaves (frequencies) that are finite and are regulated by the 
government.  (There's something called the Fairness Doctrine that requires 
radio and TV stations to give political candidates equal time, as Carl 
experienced, but that wouldn't apply to paid ads by special interest 
groups.)  The idea is that if someone wants to propagate his/her ideas, 
he/she can start his/her own newspaper.

I couldn't find any cases quickly that pertain specifically to billboards, 
though I'm sure they're out there if someone cared to hunt for them.  But 
I'm betting that legally, billboards are considered more like newspapers 
than like TV or radio.  In any case, none of the media are required to 
accept paid ads from anyone who wishes to purchase one.

A relevant case is Los Angeles v. Preferred Communications, Inc. (476 U.S. 
488, 1986).  William Rehnquist, the author of the majority opinion, says, 
"The power of a privately owned newspaper to advance its own political, 
social, and economic views is bounded by only two factors: first, the 
acceptance of a sufficient number of readers - and hence advertisers - to 
assure financial success; and second, the journalistic integrity of its 
editors and publishers.  A broadcast licensee has a large measure of 
journalistic freedom but not as large as that exercised by a newspaper.  A 
licensee must balance what it might prefer to do as a private entrepeneur 
with what it is required to do as a 'public trustee'."   Later he says, 
"...so long as a licensee meets its 'public trustee' obligation to provide 
balanced coverage of issues and events, it has broad discretion to decide 
how that obligation will be met."

As we know from the example of Fox News, even that minimal requirement to 
provide "balanced coverage of issues and events" is not terribly well 
enforced.  :-)

There's lots more, but I won't quote it as the case pertains primarily to a 
cable TV company.  Suffice it to say that the Independent Media Center came 
into existence as a consequence of just such jurisprudence as the case 
cited above.

John Wason



>---- Original message ----
> >Date: Wed, 24 May 2006 17:26:37 -0500
> >From: Jan & Durl Kruse <jandurl at insightbb.com>
> >Subject: [Peace-discuss] Adams Billboard *Vote Yes to
>Impeach* a precise political statement
> >To: peace-discuss at lists.chambana.net
> >
> >AWARE and Friends:
> >Below is the message from Adams Outdoor Advertising.  As you can see
> >they have a problem with placing one of our Ballot initiatives on a
> >Billboard.  Adams response seems to be in the realm of double talk.  A
> >copy of the actual design will be brought to the AWARE meeting this
> >Sunday May 28 so folks might see it first hand (graphics too large to
> >post).  The design Adams "feels comfortable with" is a ballot with only
> >one item for voters to approve: [ X ]  Bring the Troops Home NOW!
> >If you are interested you might be thinking about how we proceed since
> >the GM feels that this being a public service message and Adams being
> >"simply the advertising provider" Adams wouldn't feel comfortable
> >making such a precise political statement such as: ( [X] Impeach
> >Bush/Cheney).
> >I guess I wonder about this since AWARE and other Peace groups are
> >paying for the BillBoard after-all.
> >Bring ideas and suggestions for what we do next!
> >
> >Below is the message from Zack the graphic design person from Adams.
> >Here's the two billboard layouts that we talked about.  The first one
> >is similar to the previous layout that we did, with the changes we
> >talked about on Monday.  The second board is the voter's ballot idea
> >that you wanted to go with for Oct. - Nov.  We put together that layout
> >just as you wanted with the exception of the 'impeach Bush & Cheney'
> >line.  After talking with our GM we feel that with this being a public
> >service message we wouldn't feel comfortable making such a precise
> >political statement, since we are simply the advertising provider.  If
> >you have any questions, please contact Rick Mills, our General Manager.
> >Thanks, and let us know what you think.
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