July 3, 1978
FCC v. Pacifica Foundation: The Supreme Court upheld the FCC’s right to ban indecent speech when children could be expected to be in the audience. Pacifica’s WBAI in New York had aired George Carlin’s “Filthy Words” monologue in the afternoon of Oct. 30, 1973. Upshot: Confirmed both the FCC’s right to regulate indecent language and its definition of such speech as that which depicts “sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.” Indecent material falls short of obscenities, which are banned at all hours. Aug.
NPR exec Ken Stern sent this memo to public radio stations’ Authorized Representatives as a followup to the New Realities Forum in May 2006. News from Ken Stern – Digital Distribution Consortium Working Group
June 6, 2006
Dear Colleagues:
Last month, about 300 of our colleagues gathered at the New Realities National Forum in Washington. We discussed the future of public radio and our service, and envisioned the benefits of working together differently in the future. It was an exciting and motivating session and we’d like to extend our thanks to all who participated in the forum and the retreats leading up to it. Many retreat discussions and more than a dozen forum breakouts explored the shared notion that we have yet to seize the opportunities of the digital age.
Text of Bill Moyers’ speech May 18, 2006, at the PBS Showcase Conference, Orlando, Fla. He spoke after PBS gave him its third annual Be More Award. Jump to sections where Moyers:
thanks associates for their part in his work,
tells why the best is yet to come,
recalls discussions in the Johnson White House,
lists what public TV could do for democracy, and
explains why CPB didn’t get stable funding
See also Current’s coverage and full text of the speech. Thank you for this moment. I consider your award the singular honor of my long life in public broadcasting.
Congress doesn’t work that way, said Wilbur Mills, the formidable chair of the House Ways and Means Committee in the late 1960s. Bill Moyers, then a young aide to President Johnson, recalled the upshot of the Public Broadcasting Act: Congress created CPB but left it without a dedicated revenue source, destined to lobby unceasingly for annual appropriations. This account is excerpted from Moyers’ speech to the PBS Showcase Conference in May 2006. (The full text of the speech is also on this site.)
… When he signed it, the President said that the Public Broadcasting Act of 1967 “announces to the world that our nation wants more than just material wealth; our nation wants more than ‘a chicken in every pot.’ We in America have an appetite for excellence, too….
Citing the Freedom of Information Act, three citizen watchdog groups petitioned CPB President Pat Harrison Nov. 21, 2005, to release certain documents mentioned in the CPB inspector general’s Nov. 15 report on the Tomlinson affair. Included are materials given privately by the IG to the CPB Board and members of Congress, minutes of closed and open CPB Board meetings for three years and communications with the White House and with producers of Tucker Carlson Unfiltered and Journal Editorial Report. Several days earlier the groups had requested similar information without invoking FOIA.
The Corporation for Public Broadcasting, Office of Inspector General, has conducted a review of alleged violations of the Public Broadcasting Act of 1967, as amended. We found evidence that the Corporation for Public Broadcasting (CPB) former Chairman violated statutory provisions and the Director’s Code of Ethics by dealing directly with one of the creators of a new public affairs program during negotiations with the Public Broadcasting Service (PBS) and the CPB over creating the show. Our review also found evidence that suggests “political tests” were a major criteria used by the former Chairman in recruiting a President/Chief Executive Officer (CEO) for CPB, which violated statutory prohibitions against such practices. Our review of the hiring of a consultant to review program content for objectivity and balance showed that such reviews were consistent with Section 19(2)(B) of the Public Telecommunications Act of 1992, however problems occurred when the former Chairman initiated such actions without informing the Board and signed the contract without Board authorization.
Kenneth Y. Tomlinson, former CPB chairman, responded to the CPB inspector general’s Nov. 15, 2005, report with this statement, which was published as an appendix to the report. I am disappointed, but not surprised, by the Inspector General’s report. It was apparent early on that Inspector General Kenneth A. Konz would opt for politics over good judgment. Mr. Konz, in direct violation of his Code of Ethics, told Bloomberg News that his report would be critical of me six weeks before he released his report to the CPB Board.
Excerpted from Inspector General Kenneth Konz’s full 67-page report (PDF), Nov. 15, 2005. We recommend that the Board of Directors take the following actions to improve CPB’s governance processes. 1) Revise CPB’s By-Laws to:
a) Clarify the Board of Directors’ and President/CEO’s roles and responsibilities (e.g., Board of Directors are responsible for development and oversight of high level public policy issues and CEO is responsible for managing professional staff in implementing policy). b) Develop Board of Director processes to investigate and discipline Board members when they are found to violate the CPB By-Laws, Directors Code of Ethics, CPB’s operating policies and procedures, and the Public Broadcasting Act.
See also PDF of the complete report and Current coverage. Review of Alleged Actions Violating the Public Broadcasting Act of 1967, as Amended
The Corporation for Public Broadcasting, Office of Inspector General, has conducted a review of alleged violations of the Public Broadcasting Act of 1967, as amended. We found evidence that the Corporation for Public Broadcasting (CPB) former Chairman violated statutory provisions and the Director’s Code of Ethics by dealing directly with one of the creators of a new public affairs program during negotiations with the Public Broadcasting Service (PBS) and the CPB over creating the show. Our review also found evidence that suggests “political tests” were a major criteria used by the former Chairman in recruiting a President/Chief Executive Officer (CEO) for CPB, which violated statutory prohibitions against such practices. Our review of the hiring of a consultant to review program content for objectivity and balance showed that such reviews were consistent with Section 19(2)(B) of the Public Telecommunications Act of 1992, however problems occurred when the former Chairman initiated such actions without informing the Board and signed the contract without Board authorization.
Below are the chair’s speech and several resolutions passed by the CPB Board Nov. 15, 2005, responding to the CPB inspector general’s report on the Tomlinson Affair. The board unanimously created a Corporate Governance and Executive Compensation committees, as recommended by the inspector general and a Special Committee “to enhance awareness and appreciation of public broadcasting’s achievements and potential for future service.” It also renewed and appointed members of its Finance and Audit Committee. Statement by Cheryl Halpern, CPB Board chair
CPB Board of Directors meeting, Washington, D.C., Nov.
OSBE is an affinity group of statewide public broadcasting organizations, both state-operated and nonprofit. Included are some state agencies that assist but do not operate stations. The Organization of State Broadcasting Executives (OSBE) is an interstate collaborative composed of chief executive officers of state public broadcasting networks and directors of commissions and authorities with statewide public broadcasting responsibilities. OSBE is composed of representatives from 32 states that operate or represent two thirds of the public broadcasting stations in the United States. OSBE began meeting on a regular basis in 1981 and formally organized in 1986.
The authors head the Public Media ThinkTank at American University in Washington, D.C. With backing from the Ford Foundation they’re working to distill the means and motives of a broader realm of public media, including public broadcasting. This is one of their first efforts. Public engagement is the semisecret success story of public broadcasting, and it shouldn’t be. The many community partnerships that flourished with public TV’s June broadcast of the special on caregiving for seniors, And Thou Shalt Honor, and the amazing insights that Story Corps brings to public radio shouldn’t be heartwarming, exceptional stories. They should be the norm.
This essay appeared in the Washington Post June 21, 2005, after Bill Moyers retired from hosting the PBS weekly public affairs program. I must be the luckiest man in television for having been a part of the public broadcasting community for over half my life. I was present at the creation. As a 30-year-old White House policy assistant in 1964, I attended the first meeting at the Office of Education to discuss the potential of “educational television,” which in turn led to the Public Broadcasting Act of 1967. When I left the White House that year to become publisher of Newsday, I did fundraising chores for Channel Thirteen in New York and appeared on its local newscasts.
APTS sent this letter to CPB Board Chairman Kenneth Y. Tomlinson on June 7, 2005, after media reported that he favors the appointment of former Republican National Committee Chairwoman Patricia Harrison as CPB president. The letter refers to an earlier letter from the Iowa Public Broadcasting Board to the CPB Board. Dear Mr. Tomlinson:
The Association of Public Television Stations (APTS) is a nonprofit membership organization established to represent the interests of its members — the nation’s public television stations. APTS works closely with individual station representatives to produce effective national policies and strategies that allow stations to fulfill their individual local missions. In fulfilling their missions, public television stations are committed to firm principles of editorial integrity and programming diversity, which are enhanced through digital service.
Pat Mitchell, then president of PBS, delivered this talk May 24, 2005, at the National Press Club, in the midst of escalating news coverage of the conflict between public TV and Kenneth Tomlinson, then chair of CPB. Mitchell was preparing to announce recommendations for public TV’s future, but the Digital Futures Initiative report was delayed until December 2005, after Tomlinson had quit CPB and the dust was clearing. Since becoming president of PBS, I’ve often been at podiums like this one, with audiences like this one, although perhaps not as well informed or well prepared as a National Press Club gathering or one with so many familiar faces, those of friends and colleagues in public broadcasting. I appreciate the presence of national and local leaders of this great institution of which we are the current caretakers, and along with them, I am grateful to have this opportunity to make the case for the value and relevancy, and in fact, essential need for a vital and viable public broadcasting service in a democracy. Leading PBS at any time comes with bragging rights to be sure.
Six months after retiring as host of PBS’s Now with Bill Moyers, the longtime journalist spoke to activists gathered for the conference in St. Louis May 15, 2005. This prepared text was posted by Free Press [website], the sponsor of the conference. I can’t imagine better company on this beautiful Sunday morning in St. Louis.
Attorney and former FCC chairman Reed Hundt , a co-chair of the PBS-appointed Digital Future Initiative, previewed his thinking in a Current commentary seven months before the panel issued its recommendations at the end of 2005. See also Co-chair James Barksdale’s commentary. Jim Barksdale said at the very first meeting of the Digital Future Initiative that one thing that he learned in his different business successes is that the main thing is to make the main thing always be the main thing. I’m going to try to do that today by telling you the main thing on my mind after working for months with our distinguished panel and bringing in lots of other people to talk to us. I’ll tell you straight from the shoulder: I think public broadcasting is in one of those slowly developing, hard-to-spot situations that is, in fact, a real crisis.
Public radio station representatives endorsed this resolution by voice vote during NPR’s annual Members Meeting of stations, May 3, 2005. The meeting lacked the quorum necessary to adopt a proposed official resolution. The proposal, offered by Tim Emmons, g.m. of Northern Public Radio in DeKalb, Ill., responded to recent news coverage about CPB activities promoting conservative programming on public TV. Whereas it is the statutory and historical role of the Corporation for Public Broadcasting (CPB) to serve as a firewall between partisan politics and public broadcasting; and
Whereas the Public Broadcasting Act specifically directs CPB to act “in ways that will most effectively assure the maximum freedom of the public telecommunications entities and systems from interference with, or control of, program content or other activities”; and
Whereas CPB has in the past respected the First Amendment rights of broadcasters and deferred to the professional judgments of journalists; and
Whereas the Public Broadcasting Act requires CPB to distribute program funds by grant rather than by contract specifically to limit CPB interference in the editorial decision-making process of public broadcasting program producers and stations; and
Whereas the Public Broadcasting Act requires CPB to create and annually update a plan for the development of public telecommunications services and consult with interested parties when so doing; and
Whereas CPB has recently dismissed its President and CEO under uncertain conditions; and
Whereas the CPB board recently appointed two ombudsmen without consulting with the public broadcasting system, raising legitimate concerns of an institutionalized process for potential interference in content, and
Whereas, such a process within a funding agency is fundamentally inconsistent with the principles of ombudsmen in reference to news organizations;
It is therefore resolved that:
CPB should follow statutory requirements and do nothing to diminish the firewall between the Federal funds appropriated by the Congress and the public broadcast programming it funds; and
CPB should follow statutory requirements and refrain from interfering in constitutionally protected content decisions; and
CPB should follow statutory requirements and, before making changes in funding priorities, should engage in a system-wide consultation about the priorities of public radio and defer to the reasonable and legitimate choices of broadcast professionals to build services of value within the local communities they serve.
Corporate leader and philanthropist James Barksdale, a co-chair of the PBS-appointed Digital Future Initiative, previewed his thinking in a Current commentary seven months before the long-delayed publication of the initiative’s recommendations. See also comments by initiative Co-chair Reed Hundt. In a story that has always held meaning for me, Lewis Carroll’s character Alice came to a fork in the road. Which way do I go? she wondered. The Cheshire Cat beamed down from the tree above her and asked, “Little girl, are you lost?”
“Well, I just want to know which way I should go,” she said.