Conservative SF Radio Station Tries to Censor Blogger

[villager]

Trying to censor blogger

Owner of conservative radio station KSFO demands liberal critic quit using audio clips

Joe Garofoli, Chronicle Staff Writer

Thursday, January 11, 2007


A series of events involving a local liberal blogger, a San Francisco conservative radio station and the reaction of two of the larger corporate advertisers in the country -- Bank of America and MasterCard -- is revealing how slippery freedom of speech has become in the digital age.

The tale of Spocko, a self-described "fifth-tier" blogger who lives in San Francisco, exemplifies how one person with a computer and an Internet hookup can challenge the views of a major media corporation -- and what a media corporation will do to stop him.

For the past year, Spocko has been e-mailing advertisers of KSFO-AM with audio clips from its shows and asking sponsors to examine what they're supporting. Some sponsors have pulled their ads, after hearing clips like one of KSFO's Lee Rodgers suggesting that a protester be "stomped to death right there. Just stomp their bleeping guts out."

Now, bloggers and media freedom advocates are concerned about the legal reaction from Disney/ABC-owned KSFO. Shortly before Christmas, an ABC lawyer demanded that Spocko remove audio clips from his blog on the grounds that Spocko's posting of KSFO content was illegal. Digital freedom advocates counter that the clips constitute fair use and worry that critical voices could be silenced by corporations threatening legal action for violation of copyright law.

"That's inevitably been the modus operandi of the media companies in these types of situations," said Ronald Coleman, legal counsel for the Media Bloggers Association, which provides legal support to bloggers. "It doesn't matter the size of the blogger."

<snip>

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/01/11/MNGHLNGH2N1.DTL&hw=KSFO&sn=001&sc=1000

[Norquist Nemesis]

1. I'm not a lawyer, but it seems that what is goes out over the public

airwaves then distributed in that manner doesn't violate copyright laws. What the radio station provides is free and the guy isn't charging anything or making money off of their broadcast. :shrug:

[Tesha]

4. This almost certainly falls under "fair use".

This almost certainly falls under "fair use".

The blogger should contact the ACLU or their
Northern California local affiliate.

Tesha

[gratuitous]

5. It's Disney, so you can bet their lawsuit is a SLAPP

That is, a strategic lawsuit against public participation, beloved by large corporations and intended to intimidate private citizens from criticizing corporate misbehavior. By using the clips, Spocko gives the advertisers irrefutable evidence that their advertising dollars are supporting speech they (or more likely their customers) might find offensive.

When it starts to hit Disney in the pocketbook because advertisers who back such empty-headed rhetoric are unsurprisingly few, Disney strikes. Naturally, being Disney, it doesn't change its own corporate behavior, but strikes out at the person who notices they're being a bad neighbor.

[symbolman]

27. Yep

We got sued for a Half a Million Bucks in a SLAPP suit, courtesy of Michael Savage and eventually they backed off, but they will destroy you if they want to.. they file in one of half a dozen states that still allow it, and then you have to send lawyers THERE to fight it..

We were damn close to Losing, as in not being able to pay enough lawyers - but had some WONDERFUL Pro Bono folks step up to the plate and save our bacon :)

One of them was the sister of a DU'r who called and kicked their asses for us, and another corporate lawyer in NYC who got so close to PROVING what the claim we'd made that they backed the hell down..

We know things about Michael Savage that might be useful to Spocko.. maybe I should give him a lowdown on some of this stuff, not to mention we went after Limbaugh with a boycott at Takebackthemedia.com (our site) that was damned effective for it's time.

They will crush this person unless everyone who can help them DOES.

Good call on the SLAPP suit, that's how they shut everyone up :)

[wordpix]

11. that's the way I see it, too

Copyright laws are designed to prevent people from making money off of others' intellectual property. Spocko wasn't making money, he was just informing other bloggers.
So fuck off, corporations.

This reminds me of when I posted notices about important land use hearings at the doors of my fellow condo owners who would be impacted by a development proposal. I was told I couldn't do that because I was "soliciting" but obviously, this wasn't soliciting because no money was involved.

[NotGivingUp]

2. "stomped to death right there. Just stomp their bleeping guts out."

unbelievable.
the shits coming down the pike my friends.

[villager]

3. the right is freaking out, knowing they will be out of power a long, long time

so yeah, they'll do anything to hold on....

[Name removed]

7. Deleted message

Message removed by moderator. Click here to review the message board rules.

[w4rma]

10. Jeeze, calm down. (nt)

[saigon68]

17. Nice comment above

[cosmicdot]

6. knr for spocko

"...one if by land, two if by sea..."

[pretzel4gore]

8. i listened to some of the nazipooh clips

and that's in san fran, an overwhelmingly liberal city....jesus fukking christ. thank god for global warming

[w4rma]

9. This is absolutely fair use just as newspaper clippings are fair use. (nt)

[AlCzervik]

12. thats the station that carries the savage weiner and they have a big billboard

in downtown sf proclaiming that.

[LastLiberal in PalmSprings]

13. Just send the clips to advertisers and post transcripts, not clips

It seems like it would eliminate the problem. Of course, Disney will only be happy when everyone who doesn't worship at the House of Mouse is eliminated, so they'll still sic their lawyers on him.

[Archae]

14. Melanie Morgan is in major whine mode...

I'm laughing my ass off at her, naturally.

http://mediamatters.org/items/200701120003

[salin]

15. go Spocko!

[Archae]

16. They really are in panic mode now...

I'm laughing even harder.

Melanie, do us all a favor, and go back to losing at poker?

I got wind from Spocko that KSFO would be addressing our blogswarm on Friday. Evidently, management has decided that all the naughty children that have said naughty things are going to have to face the music.

Tomorrow, at 3 PM EST, the "Snuff talker" KSFO will pre-empt their regular schedule (Dr. Laura) to do a special broadcast - a townhall radio show in which they will "discuss" the topic. (How cool is it that Dr. Laura's screechings won't pollute the airwaves for at least this Friday afternoon?)

http://www.crooksandliars.com/2007/01/11/ksfo-is-panicking/

[NashVegas]

18. Oh! The Humanity!

MORGAN: Oh, OK. So I am allowed to be slandered by a lot of people, but nobody is -- they're not going to ask my side of the story.

OFFICER VIC: Oh, certainly not.

MORGAN: Fine. We are going to invite the public, as well as the media, as well as bloggers ,to participate in this, and it's going to come up tomorrow at 12 o'clock. It will be Lee Rodgers, myself, Officer Vic, Brian Sussman, and we're going to respond. We are going to hit back against those people who are trying to silence us and take away our free speech rights, get us fired, thrown off the air, because they don't like what we have to say. Basically, that's the bottom line.

Pot. Kettle. Black.

[Oeditpus Rex]

32. Take away their free speech rights?

If all Spocko is doing is to alert KSFO advertisers to some of the station's hate rhetoric, he's employing a form of economic boycott. In no way is he attempting to prevent anyone from listening.

In fact, I'd wager he'd want Morgan et al to spew more vomitus, since it would give him more ammunition against them.

BTW — I'm within range of KSFO's broadcast signal, but for some strange reason, none of my radios will tune to 560. :evilgrin:

[NorthernSpy]

19. so where's that sense of "personal responsibility" that conservatives are always babbling about?

Don't you just love how conservatives insist on "personal responsibility" for everyone else -- while feeling perfectly entitled to play the victim card whenever their own choices get them in trouble?

MORGAN: I have to tell you, we have some very special programming coming up for you on Friday, which is tomorrow. We have been under attack here at KSFO radio, and the situation has become very dire. We're going to explain what the attack is, who the attackers are, and what we plan to do about it. This is something that you don't want to miss. It is something that has been quite disturbing to us at a number of levels, but we are prepared to fight back against people who are trying to get us fired here at KSFO radio and who are trying to deprive us of a livelihood and who are trying to deprive us of our free speech rights.

Sorry, Melanie. Nobody put a gun to your head and forced you to spew a bunch of objectionable shit. That was YOUR choice.

You can say what you like, but you can't force anyone else to underwrite the costs of your broadcasting. If your advertisers finally hear some of what you've been saying all this time and decide that they'd rather not be associated with your crap, they have every right to pull their advertising. If you don't like that, tough: you should have thought of that before you opened your mouth.

[HuffleClaw]

20. typical attempt to twist the truth

when it is they "who are trying to deprive" people of THEIR "free speech rights."

[DiverDave]

21. lets see if I get this straight...

The "party of personal responsibility" is not taking it for what they spew?
Did I get that right?

Yeah, bitches, words have consequences, deal with it.

Oh, you GO spocko!

K+R'ed

[donco]

22. It seems that the station streams,

so how about lets a few of us listen in today, as a matter of fact I am listening now. Checked out the website advertisers, seems that the only national advertiser that I have found was the They have already got an E-mail from me letting them know that I disagree with them sponsoring this garbage.

[Spiffarino]

23. Please, K&R this!

I just heard about Spocko's fight while listening to yesterday's podcast of the Thom Hartmann Program. Amazing how the Reich Wing fears its own words. Do they really believe their hateful bile resides in a safe little space where only other loonies can hear?

Morans.

Please, DUers, please give this story some long legs. Kick this up.

[Doctor_J]

24. Actually it's ABC/Mickey that's applying the pressure.

David v. Goliath

[Vidar]

25. Kudos to Spocko.

[goforit]

26. Tough sh*t! KSFO is physically threatenning people of opposing views.

Let us bring on a class action suit with those verbal threats of physical abuse!

[warrens]

28. They're neo-nazis and while they have a right to free speech

Advertisers have a right to not be associated with hate speech.

[Jack Rabbit]

29. It's a SLAPP suit.

Hang in there, Socko.

Now, then, what shall we do about ABC/Disney?



Image from Kill Your Television

[Egnever]

30. Disney/ABC-owned KSFO

I am shocked!:crazy:

[otohara]

31. Wow - This Is Big Stuff in Radio Biz, Can't Wait to See

what the turn out will be.

I worked at the station in Denver when Howard Stern said these remarks right after the Columbine School shootings.

! "There were, like really good ­looking girls running out with their hands over their heads."
! "Did those kids try to have sex with any of the good ­looking girls? They didn't even do that?"
! "At least if you're going to kill yourself and kill the kids, why wouldn't you have some sex?"
! "I mean, if I was going to kill some people, I'd take them out with sex."

Our State Government officials demanded apology and the station to cease airing Stern.

CONCERNING THE INAPPROPRIATE RADIO COMMENTS OF HOWARD STERN, AND, IN CONNECTION THEREWITH, REQUESTING DISCIPLINARY ACTION BE TAKEN AGAINST HOWARD STERN.

http://www.state.co.us/gov_dir/leg_dir/sess1999/hres99/hjr1056.htm

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

(1) That the members of the Sixty­second General Assembly of the state of Colorado request that Howard Stern be censured for his comments;

(2) That Howard Stern and the general manager of KXPK­FM (96.5) send a letter of apology to Columbine High School as a demonstration of their personal responsibility for their offensive and thoughtless comments; and

(3) That Chancellor Media Corporation discontinue airing Howard Stern's radio program within Colorado and that KCNC­TV (Channel 4) discontinue the broadcast of the "Howard Stern Radio Show".


Then I got fired by the same jerk who defended Stern to the local media - he eventually was fired, Stern was dropped and now no one remembers, but back then it was huge.