Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-06-28
RADIO EXAMINERS
. KEEPING AIR CLEAN
Small Group Has Been Sue
cessfuI in Combating OBJ
iectionabIe Breakfasts.
BY MARTIN CODEL.


bringing gangdom to justice Is the
work of similarly small group of
bright young men here in Washington
who are rapidly clearing the radio wave
lengths of the vulgar, the profane, the
indecent and the Objectionable.
They are the lawyers and examiners
of the Federal Radio Commission,
whose proceedings against radios sew
eral so-called bad boys" have up to
| now, practically without exception, been
sustained by the commission and by the
courts.
Just as the Federal operatives have
been forced to prosecute income tax
| cases against gangsterS known to be
violating other laws, SO the commits
Sion's legal staff, unable to proceed
against recalcitrant broadcasterS with
any authority to impose censorship,
have prosecuted these broadcasters I'M
der other sections of the radio law with
great success. No less than four major
offenders are now off the air as a re-
suit OF their efforts.
Commissions Powers Broad.
The Radio Commissions powers to
determine whether a licenSee is operat-
| ing in the public interest, convenience
and necessity" are exceedingly broad,
but they are not broad enough to keep
the commission from stepping warily
when censorship of speech is involved.
| To shut down a radio station by refuS-
ing to renew its license Is the most po-
tent power of censorship the commits
| sion could have, and though for sew
eral years it has been subjected to con-
siderable criticism for an apparent lack
of courage in facing radios bad boys"
and their political supporters, the COM
mission has lately been taking the bull
by the horns and acting summarily and
vigorously.
First of the offenders to feel the
effects Of the radio law and the power
of the commission was Robert Duncan,
self-styled Oregon wildcat" who used
a little station in Portland allegedly TO
vilify and abuse prominent citizens OF
that city. Broadcasting on behalf OF
his own unsuccessful candidacy for
Congress against the present incumbent,
Franklin Korell, he was charged with
using vulgar and indecent language,
and after being hailed into court by the
Federal district attorney was convicted
of violating the section of the radio act
which, while prohibiting censorship,
also prohibits indecent profane or OBJ
scene language on the air He was
sentenced to one year in the peniten-
tiary, sentence upheld by Judge Cur
It's Wilbur in the Court of Appeals and
sustained by the refusal of the United
States Supreme Court to review 1t.
This was the first direct conviction
under that particular section OF the
radio law, and the commission forth
with refused to renew the license of the
station Duncan was using. 1t is now
off the air.
Building New Station.
Next TO fall by the wayside was DR..
John r. Brinkley the Kansas goat
gland specialist" whose medical advice
broadcasts were held inimical to public
health, and his station therefore held
to be operating contrary to public in
terest. The commission ruled him of
the air, the Court of Appeals Of the
District of Columbia sustaining its ver-
dict in a sweeping opinion. He is now
reported to be building a new station
in Mexico just across the Rio Grande
from Del Rio Tex.
At about the same time the commits
sion upheld Chief Examiner YoSt'S find
ing that Rev. John Sproul. militant
Pittsburgh evangelist, vas not operating
his 100-watt station in the public in
| terest. That station also went off the
air and is still off by reason of its
failure to secure a stay order in the
Court of Appeals here. The chief case
against Sproul, who drew his support
from contributions from his audience,
was that he was bankrupt and finan-
cially unable to operate the station in
the public interest.
Latest of the offenders to feel the
tightening arm of the radio law IS
Norman T. Baker, stormy operator of
KTNT, Muscatine. Here again the
commission sustained Chief Examiner
Yost's recommendation that Baker be
denied a license renewal because his
station was being used largely as a
personal mouthpiece, not only to at
tack persons and societies, including
the local newspaper and the American
Medical Association, but for the direct
selling of goods and the advertising of
his cancer cure hospital.
KWKH Case Undecided.
The summary action Of the Court
of Appeals, in first granting Baker a
stay order against the commissions
decision and then in summarily dismiss
sing that stay order, came as a COM
plete surprise to everybody, including
the commission counsel, who moved for
dismissal of the case. Station KTNT
thus went of the air, probably to stay
off until the appeal can be argued be-
fore that court next october or Nov
ember
There was also a report by Examiner
Elmer Pratt, eXcoriating Hello World"
Henderson, the stormy petrol of
KWKH, Shreveport. La, also for using
his station for alleged abusive and
questionable language and as a per-
sonal mouthpiece This led to the is
suance of only a temporary renewal
license to KWKH, the commission hav-
ing vet to decide that case,
Chief Examiner Yost went to Los
Angeles to hear the charges against
the Rev. Robert Fighting Bob Shuler
that he was villifying persons in and
out of public life over his station,
KGEF. The report remains to be sub
mitted IN that case, but, Yost's previous
record would indicate that it will be
anything but favorable to Shuler. in
spite of the strong political support
from the dry faction which Shuler
commands This case undoubtedly
will not be decided until next Autumn,
when the commission reconveneS after
the Summer recess. Shuler was in
Washington last week in his own be-
half.
Other Cases Pending.
The commission will also not get
the case of WMBC, Detroit, until next
Fall, even though it was being heard
before one of its examiners this week.
This is the station used by Jerry Buck
ley, who was shot down by gangSters
for his political comments on the air.
The commission is inquiring whether
the station was not used for rackteer-
ling and blackmail purposes to deter
mine whether it deserves a license re-
newal "in the public interest"
There are various other cases pend
ing, but most of them have to do with
St x.,fNI A.
ulations or with charges that stations
are guilty of broadcasting lotteries,
drawings or games of chance The
commission will support legislation in