Posted on 04/27/2007 11:36:41 AM PDT by AFPhys
..."It's a great day for freedom of speech in Washington and great day for freedom of speech in America," said Carlson, one of two hosts at the center of the legal dispute...The court's 9-0 ruling was a sharp rebuke of several local governments — including Seattle — that brought the original case. In a concurrence opinion, Justices Jim Johnson and Richard Sanders called it an "abusive" attempt by the municipalities to silence political opponents.
Two years ago, Carlson and fellow KVI-AM host Kirby Wilbur waged an extensive on-air campaign to promote a citizen initiative to overturn a 9.5-cent-a-gallon gas-tax increase approved earlier that year by the Legislature.
...Initiative 912 failed...but...sparked a court battle that drew nationwide attention.
...groups ranging from the American Civil Liberties Union (ACLU) to the Cato Institute, a libertarian think tank, weighed in with legal briefs opposing [original rulingbrought by local governments, which stood to gain from hundreds of millions of dollars in new gas-tax revenues for transportation projects]
To comply with Wickham's ruling, the I-912 campaign reported $20,000 worth of in-kind contributions from Fisher Communications, which owns KVI.
...Since KVI was not controlled by the I-912 campaign, Justice Barbara Madsen wrote for the court, Wilbur's and Carlson's on-air solicitations fell within the media exemption, even if the hosts "acted at the behest" of the I-912 campaign.
...The court also revived a countersuit filed by the campaign, accusing the municipalities of trampling its First Amendment free-speech and free-association rights.
...Michael Vaska, a private attorney from Seattle who was hired to represent the cities and counties in the case, said he was disappointed at the court's interpretation of the media exemption. But, he said, it remains an unresolved dispute that will flare up again in other states.
(Excerpt) Read more at seattletimes.nwsource.com ...
We shouldn't need the courts for this, it should never have reached the State SC level at all. But as long as there are domestic enemies seeking to take away rights, we have to rely on courts as a way to protect ourselves. They're weak sisters a lot of the time, but it's still too early for the Second Amendment to kick in.
I know the DUmmies REALLY did not like this decision. They have been on a crusade since the Imus incident. They really believe it is unfair that liberal talk shows are not on the air......At least not for very long. LOL!
I dunno....on the politics of the state makeup east and west of the cascades I certainly agree with you. But for scenery, outside of crowded King County, I will take the west of the cascades portion.
Times reporter Sharon Pian Chan spoke to Carlson, who said:
"It's a great day for freedom of speech in Washington and great day for freedom of speech in America. I am stunned that it was 9-nothing. I thought we would win but rarely do you see the court come down 9-nothing. "There was a lot at stake if this decision had been upheld. Basically radio commentary would have become de facto advertising and free speech would have been commercial speech."
Sort of sums it all up eh?!
or the more rural parts of the west side
As for me, you can’t beat the Rain Forest between Quinault and Port Angeles.
ping
It is a huge relief that this this decision has been 'called' in favor of our Constitution and First Amendment. I would imagine, of course, that the Lib Establishmenet will take this as a 'set back'; rather than a defeat. . .they will not give up; and we cannot either; by any stretch; any means.
I like that big hill y’all got out there.
I miss John Carlson and Kirby Wilbur. The local talk hosts in my new area leave a lot to be desired.
You said it. I'm glad to be out of Seattle, but miss my talk radio. No offense to farmers, but I am surprised how often the talk is about farming issues, even in urban areas such as Cedar Rapids and Iowa City.
Justice Sanders is very conservative. When he was campaigning for a seat on the court, I met him at an event that Wilbur and Carlson attended. However, he is even more a champion of the 1st Amendment than even conservatism. As I recall, he ruled on some things that I wouldn’t think of as conservative — but very “constitutional.”
I’m in the St. Louis area now. I thought that KMOX, as the home of Rush Limbaugh, would be great. But it is BORRRRRRRRIIIIING. Then there is “Younger, Smarter, Better” 97.1 FM Talk. It may indeed, be “younger” than the snoozers at KMOX, but that station doesn’t have much but Dave Glover. And he isn’t conservative — just funny and a good friend of Glenn Beck. Every now and then I try to stream KVI on the computer, but usually don’t have the time to be within earshot of a computer.
Look at a map of the state, find Seattle. Draw a line with your finger going west. When you get to the Western side of the Olympic Mountain Range, stop.
You’ve found the closest thing to heaven this earth currently has to offer.
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Hey,,liberals here on FR try to destroy and censor conservatives by whiny complaints of abuse to the moderators.
I don’t doubt it. But, again, at this point I’d settle for the Everett shipyards!
“I don’t doubt it. But, again, at this point I’d settle for the Everett shipyards!”
LOL!
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