A First Amendment Threat Related To The Juan Williams Firing

By Big Tent Democrat, Section Constitution
Posted on Thu Oct 21, 2010 at 11:44:07 AM EST
Tags: (all tags)

Share This: Digg!

now appears:

[Mike] Huckabee [. . .] call[ed] on Congress to pull funding from NPR. “NPR has discredited itself as a forum for free speech and a protection of the First Amendment rights of all and has solidified itself as the purveyor of politically correct pabulum and protector of views that lean left,” Huckabee said. “It is time for the taxpayers to start making cuts to federal spending, and I encourage the new Congress to start with NPR,” he added.

Cutting government funding because of a decision by NPR on what speech to air would amount to government interference with free speech and would likely violate the First Amendment:

Clearly established law prohibits the government from conditioning the revocation of benefits on a basis that infringes constitutionally protected interests, see Perry v. Sindermann, 408 U.S. 593, 597, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972), and from terminating an independent contractor [. . .] in retaliation for exercising its First Amendment rights, see Board of County Comm'rs v. Umbehr, 518 U.S. 668, 685, 116 S.Ct. 2342, 135 L.Ed.2d 843 (1996) Indeed, in the words of the Supreme Court in Anderson, 483 U.S. at 640, 107 S.Ct. 3034, "the very action in question has previously been held unlawful." See, e.g., North Mississippi Communications, Inc. v. Jones, 792 F.2d 1330, 1337 (5th Cir.1986)(government's withdrawal of advertisements from newspaper in retaliation for critical editorials and news violates the First Amendment); Frissell v. Rizzo, 597 F.2d 840, 845 (3d Cir.1979) (dicta);[3] see also Umbehr, 518 U.S. at 673, 116 S.Ct. 2342 (citing North Mississippi Communications, Inc. with approval).

Huckabee proposes the cutting of government funding to NPR because of its speech decisions regarding Juan Williams. This would be a patent violation of the First Amendment.

Speaking for me only

< Demonizing The Rule Of Law | Understanding The Separation Of Church And State >

Legal

Nothing on this site should be construed as legal advice. TalkLeft does not give legal advice.

TalkLeft is not responsible for and often disagrees with material posted in the comments section. Read at your own risk.

A First Amendment Threat Related To The Juan Williams Firing | 30 comments (30 topical)

Readers Must Login or Create an Account to Comment

Personally, (5.00 / 1) (#17)
by lentinel on Thu Oct 21, 2010 at 12:59:36 PM EST

I would like government funding ended to NPR and PBS.
The effect on both of these outlets has been pernicious and disastrous.
Along with that, I would like corporate funding to be ended.
When I see which corporations are funding which programs, I can understand why NET has become a haven for folks like Charlie Rose and Jim Lehrer. Actually, I think Charlie may fund himself. Whatever.
I will never forget the same parade of retired generals appearing on PBS hawking the war in Iraq. I will never forget the contempt they showed for people opposing it. I will never believe that government funding had a lot to do with it.

The only model I like is that of Pacifica. Listener funded.
There is an obvious problem with Pacifica as well, however.
The listeners are asked to fund what the programmers have already decided to air. They don't have much of a choice in determining the content of what is aired. Nevertheless, their news programming is usually exemplary. There is no equal to Amy Goodman and "Democracy Now!" in so-called public radio or TV. The reason is obvious.

As for free speech and the first amendment:
Which is the more egregious violation of the First Amendment:
Knocking someone off the air because of an opinion or point of view they expressed, or not putting public funds into the station that aired content that is considered inappropriate?

I say let's take the government out of programming. Period.

As for canning Williams, I think NPR might not have done so if they weren't looking over their shoulders - fearful of the people who pay their salaries.

I have no use for Williams, but Jeezz - is what he expressed - a description of a subjective reaction - any worse than the out and out hurtful and hateful garbage spewed by a Pat Robertson (tax exempt!) or a Glenn Beck or a Bill O'Reilly?

Huckabee's comment is irrelevant. (4.67 / 3) (#5)
by sarcastic unnamed one on Thu Oct 21, 2010 at 12:20:54 PM EST

NPR does not recieve any direct funding from the gvt.

Q: Could NPR live without federal funding?
A: Let's go on a sidebar. There's a misperception about federal funding and public radio.
There's the Corporation for Public Broadcasting.
They receive $90 million a year and a vast majority goes to member public radio stations. Those stations pull in more than $1 billion collectively a year. It's significant and important but not even close to the lion's share of revenues for public radio.
NPR gets no allocation from CPB. Zero.
We are a private 501(c)3. We've had journalists call up and ask what department of the government we report to. That's laughable. Have you listened to our shows?
We do apply for competitive grants from the likes of the Ford Foundation and the Knight Foundation. As a result, some money from CPB does come to us when we win grants.
Depending on the year, it represents just one to three percent of our total budget.

Thanks (5.00 / 1) (#9)
by Big Tent Democrat on Thu Oct 21, 2010 at 12:25:33 PM EST

I thought that they got money directly from CPB and what Huckabee was proposing was an express ruling against CPB funding of NPR.

But since you describe CPB funding as a part of winning a grant competition, this seems to be silliness from Huckabee.

Un;ess he is proposing that NPR be ineligible for any grant that carries CPB funding.


: I don't think Huckabee has any clue (5.00 / 2) (#12)
by sarcastic unnamed one on Thu Oct 21, 2010 at 12:32:46 PM EST

how NPR is funded, or at least he didn't when he made the comment.

: Direct funding vs indirect funding (none / 0) (#16)
by MO Blue on Thu Oct 21, 2010 at 12:52:42 PM EST

Member public radio stations receive 5.8% of their funding from federal, state and local government and 10.1% from grants from CPB.

NPR's revenue comes primarily from fees paid by our member stations, contributions from corporate sponsors, institutional foundation grants, gifts from major donors, and fees paid by users of The Public Radio Satellite System. We receive no direct federal funding for operations. The largest share of NPR's revenue comes from program fees and station dues paid by member stations that broadcast NPR programs.
Program fees and dues paid by our member stations are the largest portion of NPR's revenue.

Source: NPR - public radio finances

: you seem surprised: (none / 0) (#20)
by cpinva on Thu Oct 21, 2010 at 03:13:36 PM EST

this seems to be silliness from Huckabee.
mr. huckabee has made a career of being silly. dangerous, but silly.