Talk Radio, Seattle, KVI, Political Contributions Ruling

TALKERS WIN

Free Speech Beats Effort To Silence Talk Radio






*** Update Below ***

An outrageous attempt to undermine conservative talk radio via the courtroom has officially gone down in flames.

In a unanimous decision issued this morning, the Washington State Supreme Court ruled that talk hosts who take positions in favor of political initiatives cannot be compelled to report the airtime as an in- kind campaign contribution.

The case began when objections were raised to on- air support of an anti- gas tax initiative by two KVI / Seattle hosts.

From David Postman at the Seattle Times:

Supreme Court says radio talk not a political donation


The state Supreme Court said in an opinion released this morning that KVI talk show hosts did not need to report their advocacy for an anti-gas tax campaign as an in-kind political contribution. And the court has reinstated a countersuit filed by the No New Gas Tax (NNGT) campaign against local governments that initially sued.

We hold that RCW 42.17.090 did not require NNGT to disclose the value of KVI's radio broadcasts supporting the initiative campaign as an in-kind contribution. The statutory media exemption, RCW 42.17.020(15)(b)(iv), excludes from the definition of "contribution" political advocacy for or against a political campaign by the hosts of a regularly scheduled talk show, broadcast by a radio station that is not controlled by a candidate or political committee. We reverse the order dismissing NNGT's counterclaims and remand to the trial court for further proceedings consistent with this opinion.

Last year, the Radio Equalizer covered this story at length. Click here to visit the archives.


Had the lower court's decision stood, it could have opened the door for a widespread crackdown on talk radio, especially during the upcoming election season, which is seen as crucial for stations in terms of ratings and revenue.

Here's how the Seattle Times covered the story last year:

At the center of the dispute are John Carlson and Kirby Wilbur, conservative talk-radio hosts for KVI who last spring ran an extensive on-air campaign for an initiative to overturn the biggest gas-tax increase in state history.

The initiative ultimately failed. But the legal fight over the anti-gas-tax crusade could set new boundaries for talk-radio hosts and determine at what point political speech becomes political advertising that can be regulated by the government.

Groups ranging from the American Civil Liberties Union to the Cato Institute, a libertarian think tank, oppose a lower court ruling that Carlson's and Wilbur's talk-radio campaign amounted to an in-kind political contribution to the gas-tax opponents.

If the ruling is allowed to stand, "it would give the government the power to micromanage and second-guess the editorial judgment of the press," William Maurer, an Institute for Justice attorney who represents the anti-gas-tax group, told the Supreme Court.

But the government lawyers who brought the case say reversing the ruling could open the door for powerful media corporations to become "king makers" by mounting unregulated political campaigns.

"In this case there was no limitation on anyone's right to speak," Mike Vaska, a Seattle attorney who represents four municipalities in the appeal, said in an interview this week. "The only requirement that came out of the case was that the people be informed about who was funding the campaign."

The case stems from a lawsuit filed by San Juan County and the cities of Seattle, Auburn and Kent last year against Nonewgastax.com, the group backing Initiative 912, which was aimed at repealing a new 9.5-cent gasoline-tax increase.

Carlson and Wilbur promoted the initiative vigorously on KVI, asking listeners to collect signatures and donate money to the effort. Many of their on-air remarks suggested they were launching the initiative.

Last year, Thurston County Superior Court Judge Chris Wickham ordered that the I-912 committee had to disclose the on-air pitches as in-kind contributions from Fisher Communications, which owns KVI.

The I-912 campaign filed a countersuit, accusing the municipalities of infringing on the radio hosts' First Amendment rights. But Wickham dismissed the counterclaim, saying that Wilbur's and Carlson's close ties to the initiative rendered their on-air solicitations political contributions.

The ruling sent "shock waves" through the talk-radio industry, said Brian Maloney, a former KVI host who now runs Radio Equalizer, a Web site that focuses on talk radio.

"If it's allowed to stand, it would be a devastating blow for freedom of speech on the radio," Maloney said.

As additional information becomes available, we'll update the story.


UPDATE: "progressive" bloggers, obviously unhappy KVI wasn't muzzled, are nitpicking at the ruling. Trouble is, the Washington State Supreme Court hardly has a "right- wing" reputation!


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