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I know of nothing in the station's record that would justify imposition of this sanction. Despite a vague reference to "complaints from the public alleging that on occasions profane, indecent, or obscene language ,e been broadcast," the majority comment on only one program. This was the broadcast of a portion of a hour "autobiographical novel for tape" prepared by a Rev. Paul Sawyer which was aired over the station in August The Commission does not have a transcript of the program, so we have no idea of the context in which the language complained of was used.

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Milam heard the offending words.

They do not contend that others should listen to matter the latter find offensive, but do object to attempts to interfere with the freedom of the stations to continue to broadcast programming which they value and want to continue to receive. Palmetto Broadcasting Co. However, because Pacifica had failed fully to conform to its programming policies, the Commission granted 1-year renewals -- with Chairman Henry, Commissioner Loevinger, and I dissenting and voting for full term renewals.

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He did not hear any objectional language in the portions which he played. I think it important, however, that the public understand a few brief but important facts of this case. Milam does not go to the station on Saturdays until after noon, but was listening to the station at home. Paul Sawyer which was aired over the station in August He called the station and asked either the employee in charge or Reverend Sawyer to be careful to prevent any further instances of that kind.

Fifth, the Commission makes reference to "complaints from the public" concerning the programming of KRAB. But when dedicated broadcasters who try to use radio to bring a wider than ordinary range of information and entertainment to their audiences occasionally broadcast such language because in their judgment it is important in the context of the programming -- or inadvertently permit it use under circumstances where their policies would normally require its deletion -- I do not think it serves the public interest to penalize them.

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The e concedes that the entire Sawyer tape had not been preauditioned, and that when, during broadcast, it became clear that some of the language was contrary to station policy, the program was terminated. There can be no doubt that the stations provide a unique and well received programming for a sizable segment of the population of the areas they are d to serve. There have been other complaints against KRAB, but the majority apparently do not regard them as of sufficient ificance to be considered here -- a conclusion with which I agree.

Senate Bill No. You have made it md one of your priorities is going to be dealing with the matter of obscenity.

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In the s for Pacifica's California stations expired. Thus it seems to me that the Chairman has recognized that language which offends some may be broadcast without the e incurring any penalty 1 if, considered in context, it does not appeal to prurient interest in sex or has redeeming social value, or 2 if the broadcast is an isolated occurrence rather than part of pattern of such wjth.

On the CBS evening news of January 5,Walter Cronkite presented two bits of filmed news coverage containing what many people regarded as profanity. Pacifica has broadcast a tape of that hearing over at least two of its stations since then, Swx I have received a of letters from regular listeners to those stations. When that happens, there will always be some who will be offended.

This paragraph does not preclude the court from requiring a person to register pursuant to Section I can understand the hesitancy of the industry's leaders -- they are worried about estranging a substantial part of their audience, not to mention powerful Members of Congress who have spoken out on this issue. Again there were allegations that obscene, ne, or indecent language had been used in programming presented by the stations.

I think the imposition of a sanction for one departure is not only without precedent, and in my judgment highly arbitrary, but is also likely to exert a chilling effect on es' freedom in programming their stations -- a result the courts Swx sought to protect against and one which should be of grave concern to all who believe that our democracy requires the maximum possible freedom of expression.

Third, the sith involved was an isolated one.

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Eith was the broadcast of a portion of a hour "autobiographical novel for tape" prepared by a Rev. But he was satisfied with a report that some minor employee had been transferred to another asment -- though higher ranking officials of the network must have known more about this matter than Lorenzo Milam did about the language broadcast by KRAB.

Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. But the majority have clearly assessed a penalty here for a single broadcast, and have done so without considering the context in which the language was used and without being able to determine whether the program, as a whole, appealed to prurient interest or had offsetting redeeming social value.

Second, although Congress has given the Commission the authority to impose sanctions for the broadcast of "obscene, profane, or indecent" language 18 U. It seems to me that any deviation from the station's policies was so slight that it should not result Sexx the sanction imposed here.

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Many of them listen very little to other stations, and indicate that these stations mean a great deal to them. The Commission considered these complaints and then, after quoting the portion of our Januarydecision set forth above, said: 6.

That is not the American way. I would be prepared to consider serious sanctions against a station whose operations revealed a pattern of substantial, repeated use of woth offensive language in contexts involving no redeeming social value. If there is, in truth, a dangerously growing use of obscene, indecent, Sx profane matter on radio and television requiring the course the majority are charting here, then they should press this effort all across broadcasting.

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Paul Sawyer on one of KRAB's programs is misguided and inconsistent with those fundamental principles of free speech on which our society is based. But if we are going to apply such a policy to noncommercial stations, simple logic and fairness would require that it be extended to the national networks and other commercial facilities. I certainly do not favor extension of this kind of action to commercial stations -- at least in situations such as we have thus far considered.

But this does not mean that wit offended have the right, through the Commission's licensing power, to rule such programming off the airwaves. Within recent years, this Commission has renewed the s of a station broadcasting 33 minutes of commercials an hour, a station that Sed no news, and a station that defrauded advertisers out of thousands of dollars. And, of course, the Smothers, Rowan and Martin, and Carson shows have all involved patterns of material that some have found offensive, rather than the limited incidents at KRAB and the Pacifica stations.

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There is a wtih element of arbitrariness in this case -- the majority apparently have a double standard when it comes to protecting the public from language which may offend some, or many, of them. And KRAB's "overall record" is clearly superior to most other comparable stations. Not being sure that the matter would be corrected, he then drove to the station.

As I understand the situation, the facts are as follows: It was suggested to Lorenzo Milam, then president of the e of KRAB, that the station broadcast the taped program submitted by Reverend Wlth, the minister of the Lake Forest Park Unitarian Church, which is located in a northern suburb of Seattle. I don't envision it as an easy rule to apply and I am not sure it will ever end up as a rule.

After discussing withh matter with Reverend Sawyer and the employee in charge, it was agreed to terminate the broadcast.