09/11/89 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 11, 1989 277, 1 Mrs. Manier stated that the Cable Communications Act of 1984, a federal law, prohibited cable franchisees, such as Heritage Cablevision, from exercising editorial control over public access programming. Mrs. Manier noted that Heritage's internal prohibition against airing shows "intended to proselytize" on the access channel was a rule allowing the exercise of editorial control by Heritage over access programming, and, as such, superseded by, and made invalid under, federal law. Mrs. Manier further stated that the First Amendment to the United States Constitution guaranteed the right of free speech against government attempt to prohibit or unlawfully control.the same. Mrs. Manier noted that although the speech represented by the access program in question, "Race and Reason," was, to most people, including the City administration, offensive and unpopular, it was, nevertheless, protected speech. Mrs. Manier stated that although she has not viewed the program, it was her belief, based upon what she knows of the program's contents, that it cannot be considered a type of speech left unprotected by the Constitution such as obscenity, which the Supreme Court has understood to concern sexually explicit material, or speech likely to incite imminent lawlessness. Mrs. Manier stated that Heritage lawyers and representatives concur with the City's Legal Department in the opinion that neither Heritage nor the City may prohibit the airing of the program. Mrs. Manier stated that Heritage does and will continue to make available to the public, at no charge, "lock boxes" which allow cable subscribers to lock out unwanted programs. Mrs. Manier concluded with a discussion of the experience of Kansas City, Missouri, which attempted to prohibit the airing on its cable access channel of a show similar to "Race and Reason," by removing the public access requirement from its cable franchise agreement. Mrs. Manier stated that Kansas City was sued by the program's producer/sponsor, that Kansas City, after reviewing the Supreme Court's recent "flag burning" and "dial -a -porn" cases conceded that the First Amendment prohibited it from banning the airing of the program in question, that Kansas City settled the case and paid approximately $66,000.00 in plaintiff's attorney fees. Mrs. Manier stated that the Kansas City experience should be instructive as issues similar to those confronting South Bend were involved, and the outcome likely to be the same should South Bend attempt to prohibit the airing of "Race and Reason" on the Heritage access channel. ADJOURNMENT There being no further business to Leszczynski made a motion that the Humphreys seconded the motion and 10:05 a.m. ATTEST: Sandra M. Parmerlee, Clerk come before the Board, Mr. meeting be adjourned Ms. the meeting was adjourned at _ 1/iLil s .ajl . ! A , •