[NFCB] Candidate advocacy through song

[Ginny Z. Berson]

Chris and all--this question was raised a few years ago about some
Bush-bashing songs, and I remember asking our friendly lawyer the
answer.  Here's what I wrote in the June 2004 issue of Community Radio
News:

"Everybody knows that stations cannot endorse or oppose candidates.
Everybody also knows that DJs and announcers and programmers and all the
on-air personnel cannot endorse or oppose candidates for office-correct?
But can a DJ play a song, or several songs, or a set, or an entire
program filled with music that is anti-Bush?

The answer is a qualified "yes". You must be able to make the case that
the point of the program is not to oust Bush. You must be able to make
the case that the pieces being played are actually songs-that they have
entertainment and/or artistic value as pieces of music, and are not just
rants set to music. You might want to broadcast a disclaimer before and
after such a program, stating that the program is intended for
entertainment purposes only and does not reflect a political position of
the station."

Ginny Z. Berson
Vice President and Director of Federation Services
National Federation of Community Broadcasters (NFCB)
510 451-8200 ext. 305
1970 Broadway, Suite 1000
Oakland, CA 94612
www.nfcb.org
 
Have you registered yet for the 33rd Annual Community Radio
Conference--March 26-29 in Atlanta?
http://www.nfcb.org/conference/communityradioconference.jsp
 

-----Original Message-----
From: nfcb-bounces at mailman.lmi.net [mailto:nfcb-bounces at mailman.lmi.net]
On Behalf Of Chris Merrick
Sent: Thursday, March 20, 2008 10:43 AM
To: nfcb
Subject: [NFCB] Candidate advocacy through song

Hello everyone,

We are training our programmers to not endorse
political candidates or parties, either actively, or
by advocation against candidates or parties of the
second part, until they get it down pat.

However, if a programmer plays a song on the air that
advocates for a candidate (for example, "Ralph's Our
Helmsman" or "Clinton's Come a' Cropper,") is that
advocacy?  The programmer did not speak, the music
did. 

Any ideas?  


 
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