WA Talk Radio Ruling Gaining Attention

Awareness Builds

Backdoor Attempt To Reinstate Fairness Doctrine Gets Ink


When it comes to beating the holiday weekend news blues, maybe there is a weapon for getting the word out: persistence.

Nothing's worse than seeing a major news development, especially one having such a huge potential impact on conservative activism, getting buried by holiday distractions.

Especially ironic: a judicial assault on free speech, just before Independence Day.

Since a Thurston County, Washington, judge ruled late last Friday that comments by Seattle talk hosts are considered in-kind campaign contributions, subject to reporting under state disclosure laws, it's been an uphill battle getting conservatives to understand its ramifications.

The Radio Equalizer's previous reporting on the subject is found here.

But radio industry insiders, from on-air personalities to corporate suits, seemed to immediately grasp its impact.

In Thursday's edition, Bill Virgin of the Seattle Post-Intelligencer explores the decision's fallout. Here's an excerpt, but be sure to read the entire story, it's just stunning:


Talk-radio hosts regularly discuss candidates and ballot issues, often with a particular point of view in favor of one or opposed to another.

Do those comments constitute a financial contribution to a campaign?

Thurston County Superior Court Judge Chris Wickham thinks they do. In a ruling issued Friday, Wickham said the comments and activities by KVI-AM (570) hosts Kirby Wilbur and John Carlson on behalf of the Initiative 912 campaign are in-kind contributions that must be reported to the Public Disclosure Commission.

The ruling was sought by the San Juan County prosecutor and city attorneys for Seattle, Auburn and Kent as part of a larger case involving contributions to the Initiative 912 campaign.

Their argument is that the KVI hosts went beyond merely talking about the issue. In a release posted on the anti-initiative Web site Keep Washington Rolling, the plaintiffs accuse initiative backers of "failure to disclose the significant in-kind contributions received from Fisher Broadcasting, owners of radio station KVI.

"Radio hosts Kirby Wilbur and John Carlson have spent countless hours working on campaign strategy and promotion while on the Fisher payroll, and the KVI Web site urges listeners to help the two get the measure on the ballot. None of these resources provided by the Seattle-based broadcasting corporation have been reported as required per state disclosure laws."

Wrote Wickham, "In the area of speech, requiring disclosure of in-kind contributions for media time allocated to campaigning for a political campaign will not restrict that campaigning, but merely require it to be disclosed to the general public, much the same as any other valuable contribution."

As part of his ruling he ordered No New Gas Tax to disclose "all in-kind media contributions."

The ruling has attracted attention beyond Washington's borders. "It is absolutely stunning in terms of the philosophical and theoretical questions it raises," says Michael Harrison, publisher of the talk-radio trade magazine Talkers; Harrison adds that he's not aware of a similar case elsewhere in the country. In Harrison's view, if no money changed hands then there's no contribution.

"Otherwise you can subject it to taxes, limits on contributions, all kinds of things that get in the way of free speech. To put a value on it is a very dangerous precedent." (In response to the ruling and to meet a deadline, the initiative campaign estimated the value of the hosts' work at $20,000).

Brian Maloney, a former Seattle-area talk-show host who now runs a national blog on talk-radio issues, raises this question: If talk-radio comments count as political contributions, why not newspaper editorials? Or Web sites?


Or should I add, the guy in the park with a megaphone? The campaign volunteers doorbelling or leafletting?

In the story, a KVI/KOMO manager notes that a KOMO-TV commentator took the other side of the gas tax repeal issue, in editorial commentaries. Why aren't his statements considered a contribution to that campaign?

Judge Wickham chose to stick it only to conservatives.

Note that several city attorneys, including Seattle's, pushed for the talk radio element of the ruling. Isn't it obvious, that it's really about liberal councils trying to shut down their radio critics?

Could a case be now made for removing Rush Limbaugh from the Evergreen Province's airwaves?

One could easily argue that comments made by Limbaugh or other national hosts could also be considered contributions to say, Jim McDermott's opponents, or Maria Cantwell's, when he criticizes them on-air.

Limbaugh has often talked about attempts by Hillary Clinton and other Democrats to reinstate the FCC's former Fairness Doctrine, which regulated radio broadcasts and was repealed in 1987, paving the way for modern talk radio.

Isn't this a clever judicial method of doing what Congress so far hasn't?

Wickham's wrong when he says placing disclosure requirements on political speech won't stifle it. It will, especially when the opposing side uses it to demand free advertising of an "equal" amount.

Stations will quickly pull the plug on talk radio if forced to provide potentially large amounts of airtime gratis.

Also, he asserts that Wilbur and Carlson worked on the campaign while on Fisher's payroll. Does he mean they did this on company time? Otherwise, wouldn't any campaign volunteer's employer be subject to the same charge?

Within the FCC's election season window, stations would be forced to comply, or risk losing their licenses. These disclosure forms would give opponents valuable evidence to use in making a case to the FCC that they'd been denied equal access to airtime.

It's up to I-912's backers to appeal every aspect of this ruling. If they don't prevail, talk radio will be badly damaged in Washington state, for years to come.

Let's hope this doesn't spread to other states anytime soon.

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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Technorati tags: talk radio kvi washington state supreme court talk radio ruling seattle times seattle

Judicial Ruling Could Silence Talk Radio

TALK RADIO CRUSHED

WA Judge Places Impossible Burden On Hosts





Fed up with increasingly disturbing cases of judicial activism?

Get ready for one that will knock your socks off.

Proving that the US Supreme Court's decimation of private property rights in the Kelo v. New London decision could be a mere warm-up act, a Washington state judge has now taken a wrecking ball to the First Amendment.

Talk radio's ability to freely express on-air opinions on the day's top news, especially of a political nature, is now taking it on the chin.

As a result of Thurston County, Washington Judge Christopher Wickham's ruling, two Seattle talk show hosts have been forced to place a monetary value on "campaign contributions" supposedly made, merely by supporting a proposed ballot initiative on the air.

The battle over gas tax increases in Washington state has been especially intense recently, as a three-cent per gallon hike took effect Friday, in the face of already skyrocketing petrol prices.


Conservatives, led by talk radio, have attempted to undo pumped-up gas taxes via ballot initiatives, working hard in recent weeks to gather enough signatures to put the proposed I-912 to a vote.

Liberal supporters of higher pump prices took I-912's backers to court, alleging wrongdoing because campaign contributors using PayPal, were not able to properly reveal necessary personal information needed for disclosure paperwork.

It was in ordering I-912's backers to get the missing information, or refund the contributions, that Judge Wickham revealed his real agenda: get talk radio.

In demanding that KVI hosts Kirby Wilbur and John Carlson determine and report a monetary value for their pro-I-912 on-air commentaries, the judge placed an impossible burden on their station.

How could a sensible dollar determination be made?

Is this a prelude to a insistance by opponents for equal time, or a matched "contribution" from station owner Fisher Broadcasting? You can bet your morning Starbucks.

Station management responded by estimating Wilbur and Carlson's comments at $10,000 each, but this would seem to open them up to further challenges.

Suppose opponents feel it's worth more? They could tie up the station in court for months, perhaps convincing the judge to prevent further on-air discussions, until the matter was resolved.

So much for the First Amendment.

More likely is that opponents of I-912, as well as future candidates, will simply demand free advertising on the station to match the supposed "contribution" in the form of a host's opinions.


This approach also appears to be a sneaky way of reimposing the FCC's former Fairness Doctrine, which forced stations to provide equal time to both sides of an issue.

Its 1987 repeal is widely credited with the talk radio revolution that followed.

KVI Program Director Dennis Kelly said this, as reported by the AP's David Ammons:

"Each host is entitled to his own opinion on the issues of the day. We don't agree with the premise of the ruling. If the judge's ruling holds, it will have a chilling effect on talk and news shows across America. It was a really unwise ruling."

Does Judge Wickham also believe newspaper editorials endorsing candidates or measures also constitute "in-kind" contributions to campaigns? What's the monetary value of a Seattle Times opinion piece?

Should we shut down political websites, while we're at it?

Brett Bader, a Republican consultant, called it "a dangerous and unenforceable ruling," according to the story.

Meanwhile, this activist judge was busy handing liberals other victories on the same issue:

In a separate case Friday, the same judge, Christopher Wickham, refused to stop the state from selling $70 million worth of highway bonds or otherwise encumbering the new gas-tax revenue before any vote on repeal.

Foes had asked that bond sales and signing of construction contracts be delayed, or that the state at least give potential buyers and contractors a clear warning that the tax could evaporate.

Wickham said he wouldn't second-guess the Legislature's decision to pass a bill that allows the state to sell highway bonds backed by the new taxes. A $70 million sale is expected this summer.

Let's hope Fisher Broadcasting has the sense to appeal this decision and see to it that its talk hosts aren't permanently muzzled by activist judges.

Otherwise, KVI might as well be shut down, now. And what about the precedent this could set for general election?

Update: Liberals react today with glee.

Two other notes: this decision was handed down late Friday, not making news until late in the weekend. The timing, coming in the middle of the holiday period, may be why so few people seem to have yet heard about it.

Also, it's noted that KVI's management does not have a history of backing up its hosts in these types of situations, but they are here and that's what's important.

If this decision stands and becomes a precedent, talk radio in Washington state could face severe future restrictions. Conservative radio has been built on this type of issues-advocacy.

Update: radio industry reaction today is one of alarm.

Wednesday: the AP story gave a confusing impression of who the judge ordered to determine and report the value of Carlson and Wilbur's pro-I-912 comments.

It stated that KVI management was forced to make the assessment, but later indicated Brett Bader actually complied with the ruling.

That means Bader, not KVI, came up with the $20,000 estimate.

Also today: I'm hearing from people who wonder why this hasn't been bigger news so far.

Theories: one, it got buried during the holiday weekend news tune-out, or the gravity of the ruling and the potential future impact haven't yet sunk in.

Believe me, in the radio industry, this decision has sent shock waves. If hosts have to be that careful about what they say, it will ruin the medium.

The minute I-912 opponents demand $20,000 in free KVI/KOMO advertising, it will be clear how dangerous this situation can become.

Ira Simmons of ChronWatch alerts me to the fact that Sean Hannity delved into this issue for today's show.

Blogs linking to this post today include Red State Rant, Bizzyblog, Blatherwatch, lgf's open thread comments section, Free Republic as well as Orbusmax.

National Review, Seattle, KVI Radio

JOINING THE FIGHT

National Review Rallies Behind Seattle Talkers





Could a disturbing ruling that effectively muzzles political talk radio in Washington state possibly be allowed to stand?

As KVI / Seattle talkers Kirby Wilbur and John Carlson (in left image) await a state supreme court decision on whether the First Amendment will continue to apply in the Evergreen State, area media outlets are closely watching the situation.

While the case drags on, it now appears that where the battle lines are actually drawn is a bit more confusing than previously understood. During this crucial fight, has the radio station itself presented a united front?

And, though not directly involved in the suit, has KVI's management taken a coherent stance on the subject?

From the Seattle Times (Ralph Thomas and Andrew Garber, June 9):

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.

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.

Now, conservative publication National Review is taking up the fight. Will the blogosphere join in next?

In an editorial, the magazine said it sees this ruling as the inevitable outgrowth of campaign finance "reform":

Under Washington state law, initiative campaigns are not allowed to accept donations greater than $5,000 in the final 21 days leading up to an election. This posed a problem for Wilbur and Carlson, because their daily radio advocacy was listed as being worth more than $5,000 over a three-week period. If they continued to broadcast their arguments against the gas tax, they risked breaking the law. Outrageous as it seemed, the government would be able to prosecute them for publicly expressing themselves about a matter of public policy.

With the help of the Institute for Justice, Wilbur and Carlson have appealed to the state supreme court, which heard arguments in the case last Thursday. At issue are the state constitution’s guarantees of free speech, as well as the contours of the state’s campaign-finance law.

Washington’s campaign-finance regulations do make an exception for commentary published in outlets that are not controlled by a candidate or campaign committee. But the lawsuit against Wilbur and Carlson claims that the two of them became so closely connected to the anti-tax movement that they should be considered “principals” in the campaign. According to an attorney who filed the suit against the radio hosts, their efforts to collect money and signatures for Initiative 912 suggested “a level of control and involvement that would make them officers and/or agents of the campaign.” Thus, we are supposed to conclude, they ought to be muzzled.

It is depressing to see campaign-finance regulation descend to such disgrace. But it is also instructive. The persecution of Wilbur and Carlson is a case study in how campaign-finance laws, far from strengthening the democratic process, can undermine the rights of free speech and association on which any democracy worth the name depends.

Today, National Review commentator Jim Geraghty notes:

I had heard sporadically something about a campaign finance fight in Washington State; it wasn’t until I read the NRO editorial on Friday that I got the whole story and realized how big and important a fight this is.

In recent weeks, the Radio Equalizer has been challenged by radio industry insiders to say more about KVI management's weak response to this court battle. Oddly enough, even though it affects the station directly, the legal fight has been conducted independently of the station itself.

Perhaps because station parent Fisher Communications has always been run by exceptionally left- leaning managers and family owners, their infrequent statements on the matter have shown only tepid support for the station's hosts.

Critics, including some in the radio industry, have long accused the company of watering down programming to suit their own political stances.

For Wilbur and Carlson, it means the burden has become that much more difficult: to defend free speech, their careers and KVI's future, they must shoulder the burden for their employer, as well.

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Carlson image: KING-5 TV

Seattle Talk Host Caught Employing Suspected Illegals

A SAD END

Illegal Alien Scandal Hammers Final Nail In KVI's Coffin







Is this end of a once-mighty regional talk radio powerhouse? After a controversy over the alleged hiring of illegal aliens by a Seattle talk show host, it certainly appears that way.

The flap, first reported by the Seattle Times, could prove the final nail in the coffin of KVI-AM, a onetime political force that frightened entrenched Olympia politicians, pushed tax-fighting ballot propositions over the top and most importantly, generated tremendous ratings and revenue.

Note: your Radio Equalizer was part of the station's weekday lineup in 1998 and 1999.

The latest bombshell comes just two weeks after longtime morning host Kirby Wilbur (below left image) was let go in what station owners called a ratings-related termination. But the circumstances behind his departure appear in dispute.

Now, a Times investigation reveals an alleged pattern of illegal alien hires by afternoon host Peter Weissbach, a Canadian libertarian who crossed the border himself over a decade ago and became an American citizen. From their coverage:

A janitorial company owned by a local conservative talk-radio host is among the early targets of a new strategy by the Obama administration to thin the ranks of illegal immigrants by going after the companies that hire them.

Seattle Building Maintenance, owned by KVI talk-radio host Peter Weissbach and his wife, provides janitorial services in buildings throughout the Puget Sound region, including such Seattle landmarks as the Seattle Art Institute, Pacific Place, Metropolitan Park and the Dexter Horton and Westin buildings.

The subject of an ongoing immigration audit by U.S. Immigration and Customs Enforcement, ICE, the company has been clearing its books by firing some of its janitorial staff — about 100 people so far — believed to be working illegally.

The probe of Seattle Building Maintenance offers an early glimpse into ICE's approach to worksite enforcement — stealthily targeting employers rather than workers.

It's a departure from the big splashy raids that used to play out on the evening news, with large numbers of immigrants being rounded up and carted off to detention, where many faced removal.

Now, workers are quietly let go by their employers, without the direct contact with immigration agents that might lead to deportation.

Of course, the Times certainly didn't overlook the opportunity to re-brand the libertarian Weissbach as a "conservative" for its damaging political effects. But there's no denying the incredible hypocrisy destroys what is left of KVI's credibility.

As for Weissbach, what was he thinking? Did he believe the hiring of illegals would be tolerated by his radio audience?

At the moment, he remains on the station's schedule, but it's unclear whether that will continue for long.


During its heyday, KVI was built around local activism-based talk radio in a remote region of the country that favors area issues over national news. At the center of that lineup, however, was Rush Limbaugh, who brought a tremendous audience base to the station. Earlier this decade, Limbaugh moved to a new conservative station, KTTH-AM, which has since become the region's largest commercial talk outlet.

With ratings once routinely in the top five for the Seattle-Tacoma radio market, KVI has fallen to twenty-fifth place in the most recent Arbitron ratings.

While KVI still features top-tier syndicated programming such as Sean Hannity, Mark Levin and others, the absence of strong local personalities and loss of listener goodwill via these recent flaps creates a particularly uncertain future for the onetime talk leader.


HAVE YOU SEEN our companion site for New England regional talk radio updates?



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No 'Fitzmas' Friday

LIBTALK LETDOWN?

Rove-less Indictment A Ratings Bust, Other Updates



For liberal talkers, still failing to carve a significant niche in a fiercely competitive media environment, today apparently won't bring their hoped-for "Fitz-mas".

Yes, that's how they describe the elusive ratings windfall indicted senior Bush Administration officials might (in a Rhodesian fantasy world) bring to floundering "progressive" talk shows.

Al Franken used the term (which refers to special counsel Patrick J Fitzgerald) during a Wednesday CNN interview, as have his radio counterparts, repeatedly.

As the New York Times is now reporting, however, Karl Rove is not likely to face charges for now, if ever. Can "Scooter" Libby alone save liberal talk radio?

Of course, the answer is most certainly no. Most Americans are unfamiliar with him and not likely to get worked up over alleged false statements made by the vice president's chief of staff.

While Rove isn't yet completely out of the woods, the magical indictment day over which liberals have been salivating is looking far less likely, if the New York Times is correct.

Conservative talk radio in the nineties wasn't built on blasting Clinton sleaze alone, however. Instead, Republicans campaigned on a series of ideas for changing the way America's government functioned and the medium became its voice.

With Democrats failing to articulate an alternative, liberal talk lacks an agenda that can be sold in a proactive manner to listeners.

Even if, in their best-case scenario, Rove and Cheney were indicted with Libby, leftist hosts would have to learn to deliver a focused, entertaining and informative package that could rally like-minded listeners. So far, they haven't shown this ability, regardless of the topic.

And because "progressive" radio is overseen by egomaniacal former Hollywood and pop music executives, there's a complete inability to read what a mainstream talk radio audience might want to hear.


An independent Venezuelan opinion site takes great issue with NBC's Matt Lauer slamming Pat Robertson after calling for Hugo Chavez's execution, while laughing at Al Franken's idea that Karl Rove and other Bush Administration officials should meet the same fate.

That's a good point, why is Chavez sacred, while Bush, Rove, Cheney and Libby are fair game for this type of rhetoric?

Thuggish Hugo's having a very good time in this photo from VHeadline.com.


The un-American talk radio crackdown in the Stealth Canadian Province of Washington has been upheld by a Thurston County judge, who says on-air commentaries can be considered in-kind campaign contributions.

Now, the reaffirmed ruling is to be appealed to the Washington State Supreme Court. From KIRO-TV (and more here):


Talk is not cheap. An Olympia judge says it can be a campaign contribution. The judge yesterday affirmed his earlier decision that Seattle radio talk shows leading the anti-gas tax campaign must count their air time as political contributions.

Sponsors of Initiative 912 say the decision is a blow against free speech. They plan to appeal to the state Supreme Court.

Thurston County Superior Court Judge Chris Wickham rejected the civil rights claim because he said the shows on KVI in Seattle organized the anti-gas tax campaign.

A legal group, the Institute for Justice, says the ruling is a first and could be a dangerous precedent. No other on-air commentary is subject to campaign finance law.

A spokesmen for KVI in Seattle says if the ruling stands, it would affect talk shows across America.


The "ex-gay" movement is kicking off a syndicated talk radio show. From bgay.com:


The 'ex-gay' movement is starting its own radio network which will start broadcasting in eight states. Straight Talk Radio, a daily half hour program, is being launched by Stephen Bennett and his wife Irene. Bennet, who describes himself as "a former homosexual," has a long history within the 'ex-gay' movement, and is the leader of Stephen Bennett Ministries (SBM).

"SBM firmly believes no one is born homosexual; that unnatural homosexual attractions tragically develop early on in the childhood; and by biblically dealing with the root cause(s) of one's same-sex attraction, homosexuality can be completely overcome - just as drug addiction, alcoholism or any other sinful behavior," Bennet says in a statement on the ministry's website.


From DCRTV, a Beltway television and radio news site:


Redding News Review reports that a Morgan State University administrator says the school has "removed" a radio host from the airwaves after a gay rights group claims he spread "blatant homophobia."

Clinton Coleman, public relations director for the university, said Duane Johnson, a host on Morgan State's WEAA (88.9 FM), was removed from the Baltimore station because he failed to run a disclaimer, when he asked his listening audience to protest a "Coming Out" event being held at Pikesville High School. Coleman said it is not clear when or if Johnson will return to his Sunday show. More in DCRTV's 10/26 newsblurb.....


Best Rush Limbaugh chuckle in some time, from his website:

Just to see the look on Dan Rather's face would make it all worthwhile, even if Limbaugh lasted only a day in the position. Rush will be hired for this gig the same day Air America ratings go through the roof.



Perhaps some liberals can be funny, even if it's unintentional. David Brock's Media Matters site thinks NBC's Today Show has a conservative bias, especially on the Flame-Plame case:


In recent days, NBC's Today has featured a number of conservative guests commenting on the investigation into the alleged leak of undercover CIA operative Valerie Plame's identity, but very few progressives.

Since October 16, when reporter Judith Miller recounted her grand jury testimony in The New York Times, seven conservative guests have appeared on Today and have been asked to comment on the investigation, several of whom have made false statements about the case in other news outlets.

By contrast, during this time, the show featured one journalist and only two progressives or Democrats -- Democratic political strategist James Carville and Air America Radio host Al Franken.

Moreover, Franken was asked only one question about the leak investigation, and Carville was paired with a conservative. The other conservative guests appeared on their own.


You guys really wanted Franken to be asked two questions about the leak investigation?


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Bush photo: Stephan Crowley/New York Times

Latest Fodder

HOSTS FIGHT MUZZLING

Hosts, Management Dispute Situation, Plus: Roundup




Despite new management assertions to the contrary, two KVI/Seattle talk show hosts believe a July court ruling now prevents them from discussing a key November statewide ballot initiative on the airwaves.

In a stunning decision, a Thurston County, Washington judge forced organizers of Initiative 912 to report, as in-kind campaign contributions, favorable comments made by KVI hosts Kirby Wilbur and John Carlson.

Backers of I-912, which seeks to repeal a statewide gas tax hike, were required to place a dollar value on talk radio's supportive statements.

Critics of the ruling say it's a judicial attack on free speech, especially when related to pre-election campaigning.

As the election has drawn closer, Wilbur and Carlson now feel they can't even mention the issue. Given the judge's bizarre ruling, who can blame them?

In a strange twist, station management no longer agrees with its own hosts on the issue's sensitivity. From the Olympian newspaper:


"Essentially it means my clients are in an extraordinarily difficult position. Carlson and Wilbur probably blew through that $5,000 already," institute lawyer William Maurer argued late this week, estimating that at a radio ad rate of $140 a minute, the limit would cover just over a half-hour of air time.

Maurer added that Carlson, Wilbur and station owner Fisher Communications have a choice to "face fines and penalties or shut up and not face fines and penalties."

But managers at Fisher strongly disputed that claim Friday, saying it simply is not true.

So did the San Juan County prosecutor who brought the original lawsuit against I-912 over Carlson and Wilbur's on-air promotions of it.

"On their part, I think it is an overstatement," Fisher vice president and general manager Rob Dunlop said Friday, referring to public statements that the talk-show hosts have made.

"We are not moving to modify their speech in any way. I shared that personally with John yesterday afternoon, and this morning when I had a chance to talk to Kirby.

"...They are free to talk about this initiative, any other initiative or any other matter facing the community we serve."

Carlson and Wilbur could not be reached, but Brett Bader, spokesman for I-912, said his campaign must report the on-air activities in order to follow Thurston County judge Chris Wickham's earlier ruling.

Because those activities likely will exceed $5,000 in value, the radio station and talk show hosts, as well as the campaign, are at risk of fines.


If you were in their shoes, would you continue to discuss the initiative, risking thousands in potential fines?



Despite the August sackings of its key participants, one of sports talk's most peculiar and maddening incidents still hasn't been resolved. It's now heading to a California courtroom.

From the San Francisco Chronicle:


Fired KNBR sports talk jock Larry Krueger and ex-morning show producer Tony Rhein have filed a pair of blistering lawsuits against their former employer -- saying they were fired after the infamous "brain-dead Caribbean hitters" flap, simply so the station could keep its deal to broadcast Giants games.

Had the Giants canceled their KNBR contract, they allege, the station's value might have plummeted -- in turn, putting at risk owner Susquehanna Radio's pending $1.5 billion sale of the team's flagship station and 33 other stations.

"After discussion with executives at Susquehanna, KNBR realized it would need to appease the Giants to sell the San Francisco radio station,'' lawyers for Krueger and Rhein claim in their lawsuits, filed late Friday in San Francisco Superior Court.

The suits are the latest salvo in the battle that broke out in August when Krueger, host of a nightly sports talk show, lit into the Giants for their poor play -- complaining about "brain-dead Caribbean hitters hacking at slop" and opining that Giants manager Felipe Alou's brain had turned to Cream of Wheat.


It seemed senseless to fire so many people over garden-variety sports trash-talk. Therefore, it's no surprise the hosts would take this to court.

Especially stupid: the idea you could offend a "Caribbean hitter", since there's no particular ethnic or national identity associated with the term.

Would "Pacific" or "Atlantic hitter" be offensive? The word Caribbean defines a sea and geographic region, made up of many countries, peoples, languages and cultures.

Some of these San Francisco liberals need to get out a little more often.



A Cincinnati Enquirer story about local ratings mentions Air America moving up to 16th place. Apparently that's reason to celebrate, even though conservative WLW-AM turned in a first-ranked, mammoth 10.5 audience share.

One would think Jerry Springer could dominate his hometown, where he was once mayor.

Other Air America Summer 2005 market ratings so far are emerging generally flat, or down, with rare exceptions.


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