Disc Jockey Says He Was Fired for Playing Pope’s CD

Disc jockey “Kaptain Kaos” is taking radio station KIEV-AM (870) to court, claiming his late-night radio show was canceled because of his decision to play a new recording by Pope John Paul II, his lawyers said Monday.

Kaos, also known as Paul Volpe, played the pope’s top-10 “Abba Pater” album in apparent violation of a station policy prohibiting airing of any foreign-language music, according to his attorney, Cary W. Goldstein.

KIEV Program Director Jason Jeffries acknowledged that the station’s owner, Camarillo-based Salem Communications Corp., barred foreign-language music after it purchased the station last August.

Jeffries, however, said the cancellation of the show had nothing to do with the pope’s music, but rather because Volpe was playing other artists’ music that did contain profanity. Volpe, he added, was not a station employee but had purchased air time on KIEV. Jeffries said the station has refused to sell him more time.

Attorney Marvin Mitchelson, a consultant to Goldstein on the case, said Volpe’s termination came soon after Volpe aired the pontiff’s disc. He said the company never gave Volpe a notice of written termination or accused him of playing obscene or offensive material.

“The minute he started playing the pope’s music they flashed strobe lights to show there was an emergency,” Mitchelson said. “They closed the engineering booth so no one could take calls and the engineer made a slashing [sign] across his throat, telling him to cut.”

Volpe has hosted “the Cutting Edge,” airing from 12 to 2 a.m. Saturdays for the last 3 1/2 years, according to his attorneys. The show features foreign music as well as up-and-coming local musicians.

But Jeffries said profanity was heard during Volpe’s show on at least two occasions over the past several weeks. He said Salem Communications’ policy was put in place to protect the station against potential liability for lyrical content in languages personnel could not understand.

However, Volpe’s lawyers said the termination constituted a violation of their client’s 1st Amendment rights, impermissible censorship and breach of contract. They intend to file suit in Los Angeles Superior Court on Wednesday.

“His contract said that they can cancel his show if the material is not suitable and satisfactory for broadcast,” Goldstein said. “Or, if it is contrary to public interest. How can the pope or his CD be contrary to public interest or unsuitable for broadcast?”

“Abba Pater,” which was released March 23, is a mix of rhythmic music and papal prayers in Latin, Italian, English, French and Spanish. It debuted at No. 2 on Billboard’s classical crossover chart.