Anti-Jewish Radio Broadcasts Legal, FCC Rules

The Constitution’s free-speech clause prevents the government from revoking the license of a radio station in Kansas even though it urged listeners to kill Jews, the Federal Communications Commission ruled Friday.

However, the commission directed its staff to examine other issues, such as the basic character qualifications of the station’s owners, in deciding whether they deserve renewal of their license to operate a station in Dodge City, Kan.

FCC Chairman Mark S. Fowler, denouncing the broadcasts as “racist and anti-Semitic” and designed to “appeal to those individuals and groups who would commit violence,” nevertheless said: “The language before us is protected speech, protected advocacy.”

Becomes Important

“It is in such situations, when public rebuke is at its greatest, that the First Amendment becomes so important,” Fowler said.

The government could have stepped in to take the station off the air only if the broadcasts had incited a riot or otherwise caused a violation of the law, he said.

“It does not amount to unprotected incitement of violent or illegal conduct, for it posed no clear and present danger,” Fowler said.

In a series of broadcasts in 1982 and 1983, self-styled preachers William P. Gale and James Wickstrom used 264 hours of air time to deliver “sermons” that denounced blacks, Mexicans, Jews and Vietnamese, as well as politicians.

Transcript Provided

According to a transcript provided to Congress by Dodge City resident Naomi Kauffman, a July 9, 1982, broadcast included a remark: “If a Jew comes near you, run a sword through him.” Her transcript did not identify the speaker.

The FCC hearing cannot consider the hate broadcasts unless the current owners raise the overall issue of programming by seeking credit for any service performed for the community in the past license period.

The license of KTTL expired June 1, 1983, but owners Charles and Nellie Babbs will be allowed to continue to operate it during the hearing process.