Evening star., 1939-07-16
Good Will Broadcast
Rule Censorship,
Commission Told
Hearing Adjourned
Without Approaching
Solution
By WILLIAM ]. WHEATLEY.


Programs over international radio
broadcast stations cannot be regu-
lated. even in general terms, with
out invoking censorship. the Fed
eral Communications Commission
was told by witnesses yesterday at
its hearing on its suspended rule
requiring such stations to broadcast
only programs rejecting the culture
and good will of this country.
The rule was described as censor
ship, prohibited by law. and 1t also
was called censorship by surve;l-
lance which was declared the
worst form, in that it involved
punishment after the act.
The commission and its general
counsel, William j. Dempsey, for
hours tried in vain to obtain from
witnesses and counsel a suggestion
as to how the body could by regula-
ton assure cultural, good neigh
Dor policy program which would
reflect the good will of this coun-
try. The answer was always that
llicle SIlUulu Ut ITO RUE.
When the hearing adjourned late
yesterday after the commission had
given up its Saturday afternoon
holiday, the F.. C.. c. members were
no nearer a solution. They will re-
sumo this quest at 1890 am. to-
morrow.
Rule Called Ambiguous.
In addition to taking testimony
the commission listened to an argu-
ment by H. T. Austern, counsel for
the American Civil Liberties Union,
against the rule. The group was
told that it was not censorship for
IL TO examine program content from
a quantitative standpoint to deter
mine whether sufficient time was
allowed for public discussions. but
further than that it had no right
to go.
Mr.. Austern termed the disputed
rule ambiguous, and said it would
operate as broad deterrent to the
discussion of international oues-
tons. The suspended rule was held
to go to the specific rather than the
quantitative content of the pro-
grams, it was pointed out. Mr..
Austern told the commission that
1t might just as we'll keep out of
the international broadcast field, II
1t could not do so without such a
rule.
Frank E. Mason, vice president in
charge OF the National Broadcasting
Co.'S International Division, told
the F. c. c. its suspended rule had
all the elements of surveillance
censorship" He said it was i'm
possible for any one to say, for in
stance, what the reaction to any
news broadcast would be in foreign
country.
Compliance Held Difficult.
Compliance with the cultural pro-
vision of the rule, he continued
would be difficult, because 1t is i'm
possible to define culture. He said
that even though. the National
Broadcasting Co. had laid down
standards for its broadcast service,
it would be destructive if the COM
mission adopted those standards as
its own because they would then
have no hexibility.
Clifford K. Willis, assistant to the
president of the Columbia Broad
casting System, said he also ex-
pected to find difficulty in defining
American culture" He said many
programs might reflect the good
will and culture of this country, but
pointed out for example that z
broadcast of an American Legion
convention might create good will
in some countries and i'll will in
others.
He said he had grave doubts as
to whether the commission could
set up a standard for international
broadcasts without invoking censor
Soip,