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Amlord
I thought there was a thread on this somewhere, but a search didn't bring it up, so...

The Senate Commerce Committee is looking into whether radio station consolidation would infringe on the Constitutional right of free speech.

More consolidation in radio business could hurt free expression, senators say

I wonder if our esteemed leaders in the Senate realize that only the government can infringe upon free speech? The Constitution sets limits upon government, not upon private individuals or companies.

QUOTE
Sen. Barbara Boxer, D-Calif., said she was stunned by what happened to the Dixie Chicks. It sends "a chilling message to people that they ought to shut up," she said.

QUOTE
While McCain was offended by the statement from the Dixie Chicks, he said "to restrain their trade because they exercised their right to free speech to me is remarkable ... and it's a strong argument about what media concentration has the possibility of doing."


It should send a "chilling message" that private corporations will not condone speech which is harmful to their business. In this case, not all radio stations stopped playing the Dixie Chicks' songs. There were alternative venues, as there will always be in a free society.

What the Senate is really suggesting here is that private companies have no right to make their own business decisions. By telling them, in effect, that NOT playing the Dixie Chicks is illegal (or unConstitutional), they are getting close to mandating that they be played. I know that they have not crossed that line, but it seems a logical outcome down the line.

The Senators' position is actually closer to limiting free expression, since they are inferring that the private company's decisions be subject to governmental oversight.

I wonder what John McCain and Barbara Boxer's positions are on the Michael Savage firing? He was fired, in effect, for saying something objectionable. I have no problem with either of these cases, since the private companies have the right (indeed, the duty) to only broadcast what is acceptable to their target audience.

Question for debate: Do you feel that private corporations are able to infringe upon the Constitutional right of free speech?
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Hugo
The 1st Amendment limits what government can do, not what individuals or corporations can do.
Thomas
Of course, a monopoly by a private company on radio would lead to the freezing out of views not favoured by the political elites.

Your Founding Fathers warned of the threat from large companies and their dangerious effect on democracy. Wise Americans should take note.
Eeyore
QUOTE(amlord @ Jul 10 2003, 12:58 PM)
What the Senate is really suggesting here is that private companies have no right to make their own business decisions.  By telling them, in effect, that NOT playing the Dixie Chicks is illegal (or unConstitutional), they are getting close to mandating that they be played.  I know that they have not crossed that line, but it seems a logical outcome down the line.

The Senators' position is actually closer to limiting free expression, since they are inferring that the private company's decisions be subject to governmental oversight.


I think the point is that if there is a consolidation of business in the entertainment and communications industry, then an owner or CEO could have a tremendous and detrimental impact on the type of information and entertainment that is mass produced (or played in the case of the Dixie Chicks.)

While in the long run in a free system a new network of companies or a new string of independent companies should rise up and challenge companies that censor popular entertainment away from the public, the costs would be real to censored entertainers in the short run.
Hugo
These corporations make these decisions based on profitability. The Dixie Chicks were censored not because radio execs opposed their views, but because they believed their audience opposed the views of the Dixie Chicks and would react positively to a ban. Here, in Houston, they actually let the audience vote Yea or Nay on the Dixie Chicks. The majority voted nay.
Eeyore
But political views and politics don't mix very well. Businesses tend to stay away from political debates because they want people from both parties, or both pro-life and pro-choice or whatever to consider consuming their product. Limiting markets doesn't make sense.

Now companies can make good publicity stunts from time to time, such as having a vote over the Dixie Chicks' music, but with more competitors around then one such decision would have much less weight.
Digital Patriot
I think this is a non-issue.

Radio stations won't not let someone on the air because they disagree with what they're going to say. They'd be sued! biggrin.gif

CAN business's infringe on 1st amd. rights? Sure. Will they get away with it? Highly unlikely.

--cheers
Hugo
QUOTE(Digital Patriot @ Jul 10 2003, 01:41 PM)
I think this is a non-issue. 

Radio stations won't not let someone on the air because they disagree with what they're going to say.  They'd be sued!  biggrin.gif

CAN business's infringe on 1st amd. rights? Sure.  Will they get away with it? Highly unlikely.

--cheers

That suit would be shot down in flames. Listen to a talk radio program, they routinely screen callers. I was listening to one the other day that was practicing affirmative action that day and immediately moved all African-American callers to the front of the line.

If I am the owner of a Christian radio station and an atheist comes on assailing Jesus Christ, I have the right to silence him.

No one has a right to have his opinions expressed through the use of someone elses forum.
Paladin Elspeth
http://www.alternet.org/story.html?StoryID=15281 Read it smile.gif

QUOTE
February 28, 2003
Clear Channel Communications, the radio and concert conglomerate so many people love to hate, has a new batch of disgruntled critics to deal with. But this time it's not the musicians who claim that the entertainment giant plays hardball and locks acts off the airwaves, or the broadcast rivals who allege the company leverages its unmatched size to drive competitors out of business, or even the former employees who insist the company's rampant cost-cutting style has gutted American radio.

Nope – now the heat is coming from other media company executives and Beltway lobbyists. They are dismayed that Clear Channel is doing what many might have thought impossible. In an era when Republicans control the government and big business generally gets what it wants, Clear Channel is making deregulation look bad.

Of course it is a threat to free speech when it's the only speech you can hear when you turn on the radio.

Senator McCain and others see the danger. Conglomerates aren't interested in upholding freedom of speech. Their motivation is profit, pure and simple. online2long.gif

(edited for additional comment)
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Andy Mosity
QUOTE
Question for debate: Do you feel that private corporations are able to infringe upon the Constitutional right of free speech?


Let's take a look at the question. Can anyone infringe on my freedom of speech....no. However, in the realm of the media outlets (television, radio, newsprint, etc..) the corporations have every right to screen, monitor, and decide what goes out to the public. I believe there should be both a right, and left slant to the information we receive, that's what allows people the opportunity to make informed decisions.....plus it's freedom of choice....Nonetheless, we shouldn't have a monopoly of the news sources (i.e. all left, or all right), which is where we seem to be headed with Clear Channel.

QUOTE
No one has a right to have his opinions expressed through the use of someone elses forum


That is a valid statement.

However, this is MY fear -

QUOTE
Of course, a monopoly by a private company on radio would lead to the freezing out of views not favoured by the political elites.


or anyone else that doesn't subscribe to that particular political agenda.
Google
Gray Seal
QUOTE
Of course, a monopoly by a private company on radio would lead to the freezing out of views not favoured by the political elites.


I have observed there is a "freezing out of views not favored by the political elites" already. Locally, the newspaper do not pursue stories which would question the local political elite. Nationally, the media parrots the party line of either the Democrats or the Republicans and does not pursue stories which would question the collective practices of these two powerhouses.

The answer for the current problem and the potential problem with the radio stations is the same. As long as the public is willing to accept and reward the centrist pabulum that things are not so bad and let things stay the way they are, we will continue to have "freezing out of views not favored by the political elites". If these communities truly want real new/information, all is needed is for these communities to reward institutions which do a better job rather than doing business with media outlets which are doing poor jobs.

People are lazy and reluctant to put forth the effort to correct this problem. Jaime's current quote really hits the point on this:
QUOTE
...mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed
The Declaration of Independence
 


We have the power in this country to change these problems by collective individual actions. What will it take for people to get fired up enough to act?

(The more I think about having kids recite the Declaration of Independence instead of the Pledge of allegiance the more I like the idea.)
Hugo
The fact is, as everyone on this board knows, the information needed to make decisions and views of all ideologies can be found by those willing to do just a little work. I think the fear is that there are ignorant people who are unable or unwilling to educate themselves at all in the political realm, allied with the fear these ignorant people might vote in opposition to the "correct" political position.
Paladin Elspeth
I agree with you, it is IMO a valid fear.

So many of the people I used to work with would tell me they were "too busy" to follow the news or to vote or to contact their Congresspeople.

But they always seemed to have time to complain about the way things are.

You're right. If we do not take it upon ourselves to participate in the processes that were established for us, it's our own fault.

I'm just afraid that we're going to lose our rights bit by bit to neglect and apathy. And if we hear the same opinion over the radio and on the television and in the newspapers, then everybody must think the same way, right?
Rumblestrip
I think people are making it difficult to get at the real issues in this when they bring expressions such as "free speech" and "free expression" in to the discussion.

Should businesses be able to do whatever they want (within reason and legality, of course) to maximize their profits? Yes, I think so. But the media has tremendous power, and we need to look at that industry a little differently that we would any other one.

Admit it - most people are lazy. They want to plop down in front of the TV and/or turn on the radio to get their information. They don't want to make any special effort to find the most accurate, spin-free news or to get as many different points of view as possible. People want to get information that is concise in as little time as possible. This itself is a problem that needs to change but that's a whole different discussion.

Another problem is that the media's primary purpose is not to disseminate information. They are trying to make a profit. They are trying to build their influence in order to grow future profits. The broadcasting of information - or more accurately their own version of the information - is secondary.

Allowing for too much media consolidation is going to make all of these problems worse than they already are. Fewer choices, fewer opinions available, less information that needs to be given out to keep the consumers happy.
Digital Patriot
QUOTE(Hugo @ Jul 10 2003, 12:57 PM)
That suit would be shot down in flames. Listen to a talk radio program, they routinely screen callers.

Indeed. As I screen posts. To keep them on topic, keep out the trolls, etc etc. Radio is no different. They want to make sure what the caller has to say is relevant to the discussion at hand.

QUOTE
I was listening to one the other day that was practicing affirmative action that day and immediately moved all African-American callers to the front of the line.


Truely sad. They shouldn't have done that.

Dissenting opinions are heard on the radio all the time. Ever listen to Howard Stern? Ever hear him put someone on the air that just rips him a new one?

If radio censors people now, then it won't be any better or any worse if they consolidate them. Again, I still think this is a non-issue.

--cheers
Paladin Elspeth
The problem isn't just on the radio:

QUOTE
NBC, for example, wouldn't dream of reporting on General Electric, the most notorious polluter in the nation, because GE is now NBC's parent company.  The same is true of ABC and Disney, CBS and Westinghouse.  In fact, every major network is now owned by the biggest advertisers in the nation.  Don't think that isn't affecting what gets reported on the 6 o'clock news.



QUOTE
Now here's a statistic that should make you cringe:  90% of Americans get most of their "news" from television.

According to studies cited by Rowse, there is a direct correlation between the availability of hard news and levels of citizen participation in politics.  Voter turnouts are currently a national embarrassment, and Rowse argues that the biggest complaint among non-voters is that the lack of reliable information on issues of substance has caused them to become indifferent.


Here's the link: http://www.theemailactivist.org/Blackout.htm

QUOTE
About 40% of what we see on the news these days is not even the product of investigative journalism; it is pre-packaged propaganda "donated" to the networks by political and corporate public relations firms.  By accepting these gracious handouts, the networks can reduce the number of expensive journalists they employ.  The result, of course, is that networks no longer investigate; they merely serve as conduits through which powerful organizations deliver their pre-fabricated images to the public.


This is "free enterprise" gone amok. I remember when AT&T was broken down into the "baby Bells," because the government figured it had too much power. Doesn't our government care about monopolies any more?

QUOTE
And here's part of Project Censored's list of stories from the same year that went virtually unreported in the mainstream media:

The World Bank and multinational corporations seek to privatize water.
OSHA fails to protect U.S. workers.
U.S. Army psychological operations personnel worked at CNN.
Did the U.S. deliberately bomb the Chinese embassy in Belgrade?
U.S. taxpayers underwrite global nuclear power plant sales.
International report blames U.S. and others for genocide in Rwanda.
Independent study points to dangers of genetically altered foods.
Drug companies influence doctors and health organizations to push medications.
EPA plans to disburse toxic/radioactive waste into Denver's sewage system.
Silicon Valley uses immigrant engineers to keep salaries low.
United Nations corporate partnerships: A human rights peril.
Cuba leads world in organic farming.
The World Trade Organization is an illegal institution.
Europe holds companies environmentally responsible despite U.S. opposition.
Gerber uses the WTO to suppress laws that promote breast feeding.


(edited to add list of underreported stories)
Curmudgeon
Nope, this is not a new issue.
QUOTE
"I hope that we shall crush in its birth the aristocracy of our monied corporations, which dare already to challenge our government to a trial of strength, and bid defiance to the laws of our country."
--Thomas Jefferson, 1816

I'm glad to see that the press is currently concentrating on George Bush's 16 words in the State of the Union. For a long while, the newspapers were carrying Natalie Maine's entire 15 word remark on a daily basis. I am certain that it became an issue because of George W. Bush's publicly stated reaction to her comment, and not because it was truly newsworthy. I have yet to see his remarks in print, however, and I only recall hearing them on the television once or twice.

On May 2, 2003, I noted in my journal that it was Day 54 of "The Dixie Chicks Crisis.” This story was covered that day on both CNN and MSNBC. On one of the networks it was remarked that probably no one would have attended a Dixie Chicks concert held in Texas. On the other it was remarked that they had been dubbed “The French Hens.” They gave no credit to the Reverend Jerry Falwell, who felt it necessary to rename them to defend the President. (I recall when Billy Graham advised Presidents of God’s opinion, instead of a President using a minister to help him redefine patriotism to the public.) I read her remark again that day in both The Detroit Free Press and my local newspaper.

Natalie Maines made a 15 word remark on March 10, for which she later publicly apologized. What the President’s scriptwriters, the Secret Service, and millions of militant supporters have apparently been unable to do, is protect President George W. Bush from the fact that a single citizen of the United States felt ashamed of him. What I would really like to see covered in the press, is why the de facto “Leader of the Free World,” has not been gracious enough to accept her apology and further, to apologize for his own, rarely published response.

I wish that George W. Bush, the “Compassionate Conservative,” would be willing to listen to what his predecessors had to say on the issue of Free Speech. It is amazingly easy to uncover quotations by past Presidents of the United States in favor of Free Speech. Those quotations cover a broad range from:
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“If there are any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.”
--Thomas Jefferson
to:
QUOTE
"My belief has always been … that wherever in this land any individual’s constitutional rights are being unjustly denied, it is the obligation of the federal government—at point of bayonet if necessary—to restore that individual’s constitutional rights.”
--Ronald Reagan
The one contrasting opinion that stands out is:
QUOTE
“If this were a dictatorship, it’d be a heck of a lot easier, just so long as I’m the dictator.”
--George W. Bush, CNN December 18, 2000
It took him only a few days following his anointing by the Supreme Court to publicly disclose his view of dissent.

In my youth, American and Russian citizens shared a common right. As an American citizen, I had the right to criticize the President of the United States any time that I chose. Russian citizens could also criticize the President of the United States any time they chose. The incredible, in my opinion, overreaction to a single remark; not by a group, but by one if its members, has to be intimidating to other public figures.

The country station I had listened to all the years since I had moved to this area was a "Clear Channel" station. I finally searched out another station and reset the country button on my car radio. I saw no reason why I should have to be reminded several times an hour why I was not being allowed to hear The Dixie Chicks.

Yes, I did have an alternative to Clear Channel, but it has brought to light how many stations that network owns. The Dixie Chicks "perceived threat to the President" by the owners of that network may indeed be what has caused Congress to look at how few choices we really have to listen to anymore.
Ataal
The radio stations didn't just think that their target audience wouldn't want to listen to the dixie chicks. They received thousands of letters/email just in the Reno area alone from people saying they should not play the dixie chicks. The stations responded to the overwhelming majority of their listeners. Sure, some people that thought the dixie chicks did no wrong couldn't hear them on the radio, big deal. There are TONS of singers I'd love to listen to on the radio, but the singers I like are not the singers the majority likes, that's how it works. They play the songs of singers that they think will reach the most people within a certain market.

The michael savage thing is funny actually. The gay/lesbian group that was trying to prevent him from having his own show got him fired by having someone call and get his goat. I don't like him much anyway, he rants and raves about having all this "proof" of everything but he never offers any sources, nor does he even try to prove anything. It's just a couple hours of rants, sometimes I agree with the rants, but I don't like his approach at all. It's guys like him that make the liberals foam at the mouth when they talk about conservatives.
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