Southwestern Backpedals on Ouster of Metzger Show

Southwestern Cable Television has shifted into backpedaling mode, a week after deciding to use a technicality to try to take white supremacist Tom Metzger’s program off its community access channel (Channel 16).

Cable systems throughout the country have balked at airing Metzger’s hate-filled “Race and Reason,” which he uses as a recruiting vehicle for his White Aryan Resistance. But legally a show cannot be taken off community access simply because of content. Only programs that are blatantly commercial or obscene can be refused.

However, Southwestern officials thought they might have discovered a way to take Metzger off the air after a Portland jury recently decided Metzger had incited his followers to murder a student. A section of Southwestern’s franchise agreement with the city of San Diego makes it clear the community access channel is meant to be available only to “responsible persons,” although it doesn’t offer a definition of responsible.

A week ago Sunday, Southwestern decided not to air the scheduled program of “Race and Reason,” citing the Portland verdict.

“We believe (Metzger’s) irresponsible actions as evidenced by the jury’s verdict coupled with our franchise agreement constitutes grounds for removal of the Metzger and White Aryan Resistance-produced program,” Southwestern director of public affairs Jeffrey Van Deerlin told the San Diego Reader.

It was a novel and potentially groundbreaking concept. Even if Metzger sued and won, such a case could have gone a long way toward defining the parameters of community access.

“The freedom to speak does not carry with it the right to incite violence that may hurt people,” Van Deerlin’s father, former Congressman Lionel Van Deerlin, wrote in Thursday’s San Diego Tribune, paraphrasing Oliver Wendell Holmes.

However, before the Reader and Van Deerlin’s column had hit the streets, Southwestern was already backing off.

“We’re taking a look at the interpretation of the franchise and public access requirements and what transpired in Oregon,” Southwestern president Ann Burr said Thursday.

While Southwestern is “reviewing” the franchise agreement, the system will likely continue to air “Race and Reason,” Burr said. She offered no explanation for the turnabout, except to say the Reader article “jumped the gun.” Southwestern has had no contact with Metzger about the issue, she said.

Jeffrey Van Deerlin said “in-house counsel is taking a closer look” at the legalities of the Metzger issue.

“They’re grasping at straws,” Metzger said when reached Friday in Fallbrook. He said he was unaware of the attempt to take the show off the air.

Although franchise agreements vary from cable system to cable system and many don’t include the word “responsible,” other systems are investigating whether the Portland verdict may give them a justification to drop the program.

“It’s definitely intriguing,” said Cox Cable spokeswoman Sandy Murphy.

Could KNSD-TV (Channel 39) have had something other than community service in mind when it decided to broadcast live from the Betty Broderick murder trial last week? Why, only the most cynical observer would suggest that the station was simply using a sensational trial as an attention-getting stunt.

Maybe the station didn’t consider that its coverage just happened to begin on the same day as a key ratings sweep period.

“It’s pure coincidence,” Channel 39 general manager Neil Derrough said.

Broderick is not exactly Roe vs. Wade, but it’s more steamy and controversial than the soap operas that Channel 39 preempted for the coverage.

“It’s important, based on the fact it’s a high-profile case,” Derrough said. “No one can recall a trial that generated any more discussion.”

Live coverage of sensational trials is becoming relatively commonplace, especially on CNN and C-Span. There is “extreme local interest” in Broderick and the issues it raises about divorce and relationships, Derrough said.

Besides, the local affiliates don’t get that much revenue from daytime soaps. Why not put it on the air? If the live coverage contains more than a few unedited expletives, and the newspapers choose to write stories about the station’s coverage during a ratings period, so be it.

Derrough said Channel 39 expects to continue the coverage today, following the Broderick trial to its bitter and sensational end.

The National Hispanic Media Coalition has asked the Federal Communications Commission to deny license renewals to 13 California radio stations, including three in San Diego, for failing to employ and recruit enough Hispanics and other minorities.

KIFM (98.1) and KFMB-AM (760) and FM (B100) are the stations named in the action. KFMB’s sister station, KFMB-TV (Channel 8) has had its license upheld for more than year, after its minority hiring practices were challenged by groups representing blacks.

“The performance of these 13 stations is an embarrassment to California,” said NHMC counsel Robert Thompson in a press release.

“In San Diego, KIFM is the worst Hispanic employer with only one of 29 employees Hispanic,” the release states.

“I’m stunned,” KIFM general manager Bruce Walton said, when informed of the action. “Since we took over the station (a little more than a year ago), we have made 22 hires and 10 of the 22 have been minorities.”

Only 6.8% of KFMB’s work force is Hispanic, according to the release. KFMB general manager Paul Palmer, who also was not aware of the release, had no comment.

A race to watch: the Birch ratings for September show KKLQ (Q106) falling to an 8.1 share, down from 14.3 in March. Meanwhile, XHTZ (Z90), which is trying to compete for Q106’s huge teen dance audience, moved from a 1.5 to a 5.1. . . .

Things are looking up for “Seniors Speak Out,” the KPBS-produced talk show focusing on the concerns of the over-50 set. First producer Wayne Smith was rehired, after being laid off earlier in the year. Then the staff learned that the series is being picked up by 16 stations, with more likely to follow suit. The show, which airs Sundays at 5 p.m., also received a grant recently from the FHP Foundation, an independent grant-making organization that specializes in senior health care. . . .

In George Chamberlin, Channel 39 actually has found someone capable of discussing financial topics in an articulate fashion. . . .