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2002 Press Releases
ACLU Hails Court Order Reinstating Cable Access Funding
November 12, 2002
MIAMI ? The American Civil Liberties Union (ACLU) today urged the Board of County Commissioners of Hillsborough County to abandon efforts to censor a public access cable operator in light of a recent federal court ruling reinstating a television contract that was terminated because commissioners called some of the programs "objectionable and offensive."
In his November 12 order, U.S. District Judge James S. Moody, Jr. issued a preliminary injunction against Hillsborough County, which voted on September 19 to terminate the cable access contract for Speak Up Tampa Bay Public Access Television, Inc. ? the non-profit organization that manages the day-to-day operations of the government-owned Public Television Access Center. The ACLU's Tampa Chapter filed a lawsuit on behalf of Speak-Up, arguing the county's decision to cut funding amounted to content-based retaliation stemming from government efforts to "stifle, censor and control the content and viewpoints expressed" in some of the shows.
Moody ordered commissioners to continue honoring the cable contract and ordered the two sides into mediation before the case goes to trial. The matter, though, could be resolved outside the courtroom if the county chooses to stipulate a final outcome in Speak-Up's favor.
"This is a great day for the First Amendment rights of broadcasters and viewers," said ACLU cooperating attorney Paul Rebein of Tampa. "We are very pleased that the court recognized that canceling a contract because some commissioners objected to the content of certain programs is impermissible censorship."
The controversy began earlier this year after several commissioners characterized Insanity Defense and Happy Show as "obscene" programs that "pollute the community." The shows were broadcast on Channel 20 to cable-subscribers in Tampa and Hillsborough County.
In addition to Speak Up, the plaintiffs in the case are: Mary Jane Williamson, the Tampa Bay Community Network's Community Outreach Production Coordinator who produces shows about non-profit social service organizations, and Lutz resident Betty S. Cohen, a Hillsborough County cable subscriber.
In addition to Rebein, the plaintiffs are also represented by Mark Brown, ACLU of Florida cooperating attorney, Rochelle Reback, Legal Counsel for Speak Up and Deanna A. Tedone, a private attorney in Tampa.
