roundtable: ACM v. FCC to Supreme Court

roundtable: ACM v. FCC to Supreme Court

ACM v. FCC to Supreme Court

AllianceCM@aol.com
Sat, 17 Jun 1995 20:55:27 -0400 

Date: Sat, 17 Jun 1995 20:55:27 -0400
From: AllianceCM@aol.com
Message-Id: <950617205526_72943277@aol.com>
To: telecomreg@relay.doit.wisc.edu, roundtable@cni.org, media-forum@actwin.com
Subject: ACM v. FCC to Supreme Court


FOR IMMEDIATE RELEASE
June 8, 1995

ALLIANCE FOR COMMUNITY MEDIA TO TAKE
FIRST AMENDMENT CASE TO THE SUPREME COURT

The Alliance for Community Media announced today that it will ask the 
Supreme Court to review the June 6, 1995 decision of the full D.C. 
Circuit Court of Appeals in Alliance for Community Media et al. v. FCC 
(Dk. Nos. 93-1169, 93-1171, 93-1270, and 93-1276).  The  Alliance will 
file its petition for Supreme Court Review with co-petitioners Alliance 
for Communications Democracy and People for the American Way.  Also 
involved is a companion case brought by the American Civil Liberties 
Union and the '90s Channel.

The Supreme Court will be asked to review a section of the 1992 Cable 
Act that stems from a last-minute Senate floor amendment.  That 
section enables the operator of a cable television system to prohibit 
programming on public, educational or governmental access cable 
channels (commonly referred to as "public access") based only on its 
contents, i.e., "programming which contains obscene material, sexually 
explicit conduct, or material soliciting or promoting unlawful conduct."  
Affected programming could include programs on the AIDS epidemic, 
abortion, childbirth, art censorship, and civil disobedience.

Originally, a three-judge panel of the D.C. Circuit Court of Appeals 
found that the Act violated the First Amendment, which guarantees the 
right of free communication.  That opinion would have prohibited 
operators of cable television systems or the Federal Communications 
Commission from enforcing the statute.   The eleven-member appeals 
court overturned that determination, however, holding that the 
interference was not attributable to  the statutory and regulatory 
provisions, but to the editorial discretion of the cable operator.

"Among other of our concerns, we're convinced that the full court's 
decision ignores a plain reading of First Amendment precedent in cases 
which consider public access channels as a 'public forum,'"  stated 
Barry Forbes, Executive Director of the Alliance.  "The decision 
misses the point that public access channels are the creation of 
federal, state and local laws -- and as state-instituted entities, 
they are subject to the most rigorous First Amendment protections."

"This decision will have a chilling effect on the political content 
on public, educational and governmental (PEG) and leased access 
programming," said Forbes.  "Under a broad reading of the statute 
upheld by this court, mere discussion of public policy may be 
interpreted by the cable operators as 'promoting unlawful activity.'  
The statute could also ban any mention of civil disobedience -- the 
major force in the creation of today's civil rights protections."

"This decision is an unmitigated disaster to Americans who believe 
that they have a right to discuss our laws and to encourage peaceful 
redress of grievances in our public forums, electronic or otherwise," 
continued Forbes.  "At our 1992 international conference, former 
Atlanta mayor and U.S. representative to the United Nations Andrew 
Young said '. . . we see the public access movement as a continuation 
of the dream and the vision of the Civil Rights movement, and the 
human rights movement generally . . . That dream must be kept alive 
by some ongoing mechanism of communication.'  And that is why we are 
determined to go to the Supreme Court -- to defend that right of the 
American people to use the public forum of this particular mechanism 
of communication."

The law firm of Shea & Gardner, who handled its case before the FCC 
and in the D.C. Circuit, has offered to continue its pro-bono services 
to the Alliance and co-plaintiffs Alliance for Communications Democracy 
and People for the American Way.  Representation will also be provided 
by staff attorneys at People for the American Way and the Media Access 
Project.

The Alliance for Community Media is a national, non-profit membership
organization committed to assuring everyone's access to electronic 
media. The Alliance accomplishes this by disseminating public 
information, advancing a positive legislative and regulatory environment, 
building coalitions, and supporting local organizing. Founded in 1976, 
the Alliance represents the interests of over 950 public, educational 
and governmental ("PEG") access organizations and local origination 
cable services throughout the country. The Alliance also represents 
the interests of local religious, community, charitable and other 
organizations throughout the country who utilize PEG access channels 
and facilities to speak to their memberships and their larger 
communities. The Alliance's 1995 International Conference and Trade 
Show is scheduled for July 5 - 8 at the Westin Hotel at Copley Place 
in Boston, MA. FCC Cable Services Bureau Chief Meredith Jones and US 
Department of Commerce Assistant Secretary Larry Irving are among the 
speakers to address the approximately 1,000 community media 
professionals and advocates expected to attend the event.

-- 30 --
_________________________________________________

Alliance for Community Media
666 11th Street, NW, Suite 806
Washington, DC 20001-4542
Voice:	(202) 393-2650
Fax:		(202) 393-2653
E-mail:	AllianceCM @ aol.com

"Ensuring everyone's access to electronic media
since 1976."

Barry Forbes, Executive Director
"Do what's right. Do it right. Do it right now."
_________________________________________________

[CNI Home Page]