Evening star., 1943-10-05

adduced showing that the chairman
of the Federal Communications
Commission, James L. Fly, actually
is undertaking to dictate what the
policies Of a radio network shall
be and he is using the licensing
power Of the commission to enforce
his viewpoint.
On September q Edward j. No
Bile, who has just purchased the
Blue Network, was ordered by the
chairman Of the FEC in a public
proceeding TO state what his policy
would be toward the sale of time
on controversial issues. Not accept
ing the oral statement of Mr.. Noble,
the latter was asked by the chair
man to put his views in writing
Mr.. Fly declared at the hearing
that the policy which Mr. Noble
had under consideration was "a
restriction on the mechanics of free
speech" and asked for written
statement OF the general attitude"
Of Mr.. Noble and what the policy
Of the Blue Network is planned to
be in terms of the expansion of
the mechanics of free speech"
policeman" Over speech.
Mr., Fly has no power under law
or under the First Amendment to
the Constitution to constitute him
self a policeman on the mechanics
of free speech" Congress never
delegated such power TO him and
even If Justice FrankfWter opin-
lon did say that Congress had
right to control the business of the
networks, there is nothing in the
statute or in the debates which
preceded its passage to justify any
inference Of such intent by the
legislative body.
Mr.. Fly is. of course, Criticizing
the code Of the National ASsocia-
ton of BroadCaSters which is a self
regulatory set Of principles adopted
by the broadcaSting stations them
selves a few years ago, and the
code does prohibit the sale of time
to any organizations or groups for
the purpose of discussing ContrO-
VerSlal issues.
1t so happens that Mr. Fly is
absolutely right in his criticism and
he takes the same position which
this correspondent took when the
code was first promulgated. But
the remedy for the unWiSe use of
the radio is in the hands of the
public and not in the Government.
unless the laws of fraud or mo-
rallty are being transgreSSed.
Sees Intimidation.
Mr.. Fly has as much privilege as
any other citizen to make speeches
critiCizing the broadCasters code.
But when he undertakes, as a part
Of An official proceeding. to deter
mine whether a commercial sale
Of network property should be per-
mirted to new owner. what the
general attitude of that owner is.
and to indicate his disapproval of
q given policy. he is in reality using
the licensing power of the FEC to
1ntimldato the brOadcasting sta
tions Of America He is in truth
making himself the judge of what
Is or is not proper policy on con-
troVerslal issues and this is not the
function Of any governmental agen-
cy because censorship is expressly
forbidden by the radio commune
cations law.
Mr.. FLY has stepped beyond the
line of his legal authority and is
subject to Impeachment for his
Wrongful use Of governmental DOW
ers. But the issue is impersonal
and the Congress has the greater
responsibility of passing an amend
mont TO the existing statute for
bidding the misuse of the licensing
power 10 propagate the social or eco
nomlc views Of the present or anv
other administration.
The FEC should be confined TO
the regulation of the wave lengths
from the standpoint of allocating
physical facilities to given areas
and to prevent collisions in the air
as between mechanical facilities
II should neither be given nor usurp
power to tell licensees what views
'heN may or may not hold in order
to get or hold radio station license
(FeproductIon Rlghts Reservedl