Evening star., 1948-09-01
FEC Ruling on Atheists
Based on Freedom Of
Speech, Counsel Says
By ChoImers M. Roberts

Inc general cOunSel OF the
Federal Communications Com
mission said today "the funda-
mental proposition" in the FEC
decision on radio time for athe-
lists "is one Of insistence on free
dom of speech on the air."
In statement to the House COM
mittee investigating the FEC, the
counsel, Benedict P. Cottone, said
those who say the question should
be left to each station to decide for
itself would make each licensee a
thought policeman without ac-
countability to the public for his
administration of the frequency in
trusted to his use"
He was referring to a statement
before the committee yesterday by
Don Petty, counsel of the National
Association of Broadcasters, that
the FEC decision in the so-called
Scott case constitutes thought po-
lice"
The Scott decision, in effect, said
that station must not deny radio
time to groups or individuals merely
because it disagrees with them or
believes their viewpoints unpopular.
Decisions Author Left FEC.
Mr.. Cottone brought out in his
testimony today that the contro-
versial decision was written by
Commissioner Clifford j. Durr. who
has since left the FEC. Mr.. Cot
tone said the legal department had
drafted quite different type of
decision, but it was changed by Mr.,
Durr and approved by the commits
sion.
In taking issue with Mr.. Petty,
Mr.. Cottone said that the decision
was characterized as Government
censorship and Government thought
police" because the principle of
freedom of speech is insisted upon
by Government"
He said the Scott decision pointed
out that IF a topic is absolutely
barred as possibility for discussion
over the radio because of its un-
popularity, the area of free speech
is being diminished" He said the
prevailing views and desires of the
community cannot be made the
measure OF freedom of speech with
out destroying that freedom in the
very situations of unpopular views
where it has most significance"
Won't Recommend Change.
In the Scott case, the FEC had
been asked to revoke the licenses
OF several California radio stations
because they refused time for
atheist broadcasts. The commission
turned down the request but it's de-
cision announced the principle
which has caused the subsequent
controversy.
Despite the protest from religious
groups, Mr.. Cottone said he would
not recommend a change in the
decision.
Earlier, the committee heard
Rabbi Paul Richman, representing
the Synagogue Council of America,
say that atheists have "constitu-
tional right to present their views
on the air" especially when they
have been attacked. But he said
he hoped the Scott decision would
not be. interpreted to mean that
radio must be opened indiscrimi-
nantly to attacks on religion.
Two Atheists Heard.
Two atheists also were heard to-
day, William j. Mccarthy of Clifton,
N. j., representing the American
Progressive Association, - and Ken
meth M. Whitten of Philadelphia,
president of the Friendship Liberal
League, Inc. Both contended that
atheists have the same rights to
the air as religious groups and Mr..
Whitten said numerous Philadel-
phia stations had either ignored
or refused requests for radio time
Witnesses at the first days hear
ing yesterday included a Catholic
University priest, the Rev. Louis
Durell, who read a radio address
given in 1916 by the Rev. Ignatius
Smith, dean of the university's
philosophy department. The ad-
dress, an attack in general terms
on godlessness and atheism, had led
a Rochester IN. " atheist to attack
the radio license of station WHAM,
which had broadcast the talk.
Another witness was Charles