Evening star., 1949-05-08
Radio Prizes at
Editorial Ban
Industry Tries to Get
FEC to Clarity
Its Stand
By Wayne Oliver

NEW YORk.-Radlo Is making
new efforts to gain the right to
editorialize on the air.
Leading the campaign is Wig
orous, 60-year-old Justin Miller.
president. of the National Associa-
ton of Broadcasters.
The broadcasters from the be-
ginning have opposed the eight
year-old radio editorial ban by the
Federal Communications Commis-
sion as a matter of principle.
Now that radio Is entering an
era Of intense competition-what
amounts to a battle for survival
for some stations-an economic
aspect has been added to the issue.
Many broadcasters feel that II
they could take editorial stands
on international, national and
local issues-as do newspapers and
magazines-it would enable them
to strengthen community ties and
improve their competitive position
Rules Status Vague
The industry recently has been
trying to smoke out" the FEC
on whether it has decided to let
its editorial ban die q quiet death,
or is keeping 1t handy to bat down
any one transgressing its dictates
Mr.. Miller went so far as to say
the other day. in an address at
the NAB convention In Chicago
that the FEC had abandoned its
ban on editorializing on the air
known as the "Mayfiower doc
trine." He said later he made the
statement in the belief the COM
mission has quietly shelved the
rule, and that he's hopeful the
FEC will clarity the situation.
FEC Chairman Wayne Coy, ir
a speech from the same rostrum
next day. made an indirect reply
to Mr.. Miller. but still did not say
fatty whether the commission
would retain the rule or hao
abandoned 1t.
The "Mayf1ower doctrine
which gets its name from one OF
the participants in a license case
In which 1t was issued, says:
"A truly free radio cannot be
used to advocate the causes o1
the licensee. It cannot be useo
to, support the candidates. Of his
friends. It cannot be devoted tt
the support OF principles he hap.
pens to regard most favorably.
"In brief. the broadcaster can.
not be an advocate"
What burns up the broadcaster'
is that they are the only one.
prohibited from editorializing or
their stations. Others cana bug
time on the station to editorial.
ize to their hearts content.
More than o year ago the FEC
called q hearing to determine
whether 1t should retain or abah-
don the policy. There were heat.
ed arguments both for ane
against the editorial ban.
| Decision Withheld
The commission took the testi.
mony under advisement. Since
then there has been no announce
ment of decision. Commission
ers say only that the matter
'tstill is on the docket
Mr.. Miller, who resigned from
the Federal Court Of Appeals II
| 1s45 to become $50. .000-a-yeal
spokesman for the Nations broad
casters, has made something o.
| q crusade for freedom Of speech
for radio"
The former jurist contends thai
the power of Congress and 1t,
agencies to control domestic
broadcasting rests solely In thu
commerce clause Of the Constitu.
tion-''to regulate commerce be-
tween States"
Mr.. Coy said he believes 1t cleal
that Congress In enacting thu
/ Communications Act intended
that radio shall be maintained
as medium Of free expression .,
o benefit for the general public
! Distributed by the Associated prsesD