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Help Save 1.800.SUICIDE


California Radio Station Held Liable in Negligence Case

by rcs1

Most of you are now familiar with KSFO Hate Speech Radio, and the efforts of Spocko and Mike Stark to protest against the station.  A brief history of protest against the station can be found here.

An interesting case happened in 1996
In 1996 a KSFO listener, based on misinformation broadcast on KSFO that would incite the public to panic, threatened the life of a CA Senator and his family.  

Lawmakers Blast Radio Hosts' Smog Claims
San Francisco Chronicle; August 16, 1996

KSFO Listener Threatens to Kill CA Senator and Family

Things reached the breaking point this week when a drunken caller left five messages on Senator Mike Thompson's office answering machine threatening to kill him, his wife and his mother.

The caller, who left his name, was interrogated by police and apologized, saying he had become angry after listening to a KSFO talk program. Thompson later asked authorities not to press charges.


commentary :: :: :: buzz-it!
California State Senator Mike Thompson was one of five legislators that fought back against KSFO Hate Speech Radio in 1996, including three SF City Supervisors and the SF Mayor. cite

California State Senator Thompson had his own reasons for not pressing his case against the caller who threatened his life and that of his family.  Further, he had a sound case of Negligence (Incitement) against KSFO, as 20 years earlier there was a case won in the CA Supreme Court against a California Radio Station charging Negligence and Wrongful Death.

The test?  The Supreme Court of California affirmed the jury's determination that the defendant radio station was liable under a negligence theory for the "foreseeable results of a broadcast which created an undue risk of harm

Ultimately this is what's so wrong about hate speech.  It is an incitement to do violence.

CALIFORNIA RADIO STATION HELD LIABLE IN NEGLIGENCE & WRONGFUL DEATH CASE

From the Cornell Law Blog, First Amendment:

For example, in 1975, in Weirum v. RKO General, Inc., the Supreme Court of California held that a radio station could be held liable for its broadcast, which inspired two listeners to drive recklessly toward an announced location, killing another driver in the process.112 The plaintiff in Weirum brought a wrongful death action against a radio station for its promotion that urged people to drive to the location of a disc jockey to receive a prize.113 Two listeners, incited to reach the disc jockey, drove recklessly toward his location and in the process drove another vehicle off the road, killing the driver.114 The Supreme Court of California affirmed the jury's determination that the defendant radio station was liable under a negligence theory for the "foreseeable results of a broadcast which created an undue risk of harm . . . ."115 Cornell Law; First Amendment

In today's San Francisco Chronicle there is an article reporting on yesterday's on air call in show at KSFO.  Buried there in the article is this little nugget:  KSFO has been reissued guidelines by their parent company ABC about the limits of violent hate speech:

KSFO Radio host Melanie Morgan said ABC has reissued corporate guidelines to the station's hosts about what constitutes "violent" commentary. "We don't believe we have crossed a single line," she said.  cite

You will note in the so-called defense by KSFO talkshow hosts one thing they dismiss is the past history of hate speech on the station and its repercussions.

This is the fifth nightmare on the table for KSFO Hate Speech Radio:

  1.  Bad publicity
  2.  Loss of advertising revenue
  3.  Reprimand by ABC/Disney
  4.  FCC Complaints
  5.  Weirum v. RKO General

My suggestion is that those of us who are writing letters to ABC/Disney include the case of the KSFO listener who threatened California State Senator Mike Thompson and his family, and the California Supreme Court's decision that a California Radio Station was liable in this case under a negligence theory for the "foreseeable results of a broadcast which created an undue risk of harm .

And just a note, on the January 3rd  first Mike Stark diary about Spocko vs KSFO/ABC/Disney, there were 1,065 recommends.  If each of those people wrote just 10 letters that would be more than 10,000 letters.  

1065 recommendations!!

While it is not unknown for a Daily Kos diary to garner this many recs, it is a rare day when this many names are listed in support of an ACTION Diary.

The purpose of Mike's action diary was to get Kossacks to phone and write letters to KSFO advertisers.  How many of you who recommended Mike's diary did so?

If every one who recommended that diary wrote just 10 letters, that would be more than 10,000 letters.  I can guarantee that with that number there would be some changes made.  More advertisers would reconsider their support of KSFO.  And the talkshow hosts would cease and desist the most offensive hate speech on KSFO.

Display:
we're making progress

as of today

    Melanie Morgan has taken this story globally to her One Million strong email list from Move America Forward.

    They also have a professional PR firm coordinating their response

    Spocko, Jan. 13 email



by suskind on Sat Jan 13, 2007 at 06:21:21 PM EST
I don't remember his mentioning the 1996 case in his series.

by AlanF on Sat Jan 13, 2007 at 06:47:41 PM EST
[ Parent ]
to incitement to violence and a link to the brief history of protest against ksfo, so yes

by suskind on Sat Jan 13, 2007 at 07:08:15 PM EST
[ Parent ]
Has anyone filed a complaint against the radio station with the FCC?  

by standingup on Sat Jan 13, 2007 at 09:58:09 PM EST
and there have been other complaints in the last two weeks.

my understanding, from what I've read, is that the FCC will not look into it unless there are enough complaints to merit it..... and most people believe that the FCC is a tool of the Republican administration, so they do not file.

others simply see the FCC as a terribly dysfunctional bureaucracy

by suskind on Sun Jan 14, 2007 at 12:23:46 AM EST
[ Parent ]

It is good to have them on record.  I doubt this will be the last time the hosts spew hate over the airwaves.  

by standingup on Sun Jan 14, 2007 at 09:32:08 AM EST
[ Parent ]
another important point worth mentioning is that the CA State Senator who received the death threats by a KSFO listener is now Congressman Mike Thompson D-CA

by suskind on Sun Jan 14, 2007 at 12:47:16 AM EST
"Smug Claims" rather than "Smog Claims". Either one would work.

by AlanF on Sat Jan 13, 2007 at 06:59:39 PM EST

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