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ACLU Condemns Hillsborough Commissioners for Cutting Cable Access
Funding, Files First Amendment Lawsuit Challenging Contract Termination
News Update! Federal Judge Issues Injunction Reinstating Funding!
September 30, 2002
MIAMI ? In a federal lawsuit filed today, the American Civil Liberties Union (ACLU) of Florida challenged the unlawful and unconstitutional termination of a cable access television contract by the Hillsborough Board of County Commissioners, arguing such retaliatory government action amounts to content-based censorship of protected speech.
The lawsuit was filed on behalf of 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. It calls on the court to immediately reinstate the group's funding and programming contract, which was terminated on September 19 after several commissioners expressed some concern over shows that "pollute the community."
"Public access television is today what the speaker's soap box and printed leaflet were yesterday," said ACLU cooperating attorney Paul Rebein of Tampa. "Unfortunately, the Hillsborough County Commission has made it clear that they do not approve of the content of the speech of certain programs on public access. As a result, they have terminated all of the funding for public access. This is a clear cut violation of the First Amendment which cannot stand."
At issue is the content of shows called Insanity Defense and Happy Show that were broadcast on Channel 20 to cable-subscribers in Tampa and Hillsborough County. After months of debate over the "objectionable and offensive" nature of the shows, the Hillsborough Board of County Commissioners voted 5-1 on September 19 to terminate funding for the 2003 fiscal year, setting Tuesday, October 1, as the funding cut off date.
The ACLU lawsuit charges that such action amounts to content-based retaliation stemming from government efforts to "stifle, censor and control the content and viewpoints expressed in some cable-casts produced and/or broadcast by Speak Up and its community television producers."
"We set a dangerous precedent when we begin to allow government officials to censor television shows based on their own interpretations of what's right and wrong," said Michael Pheneger, ACLU of Florida Treasurer. "What we're seeing here is the latest manifestation of a political drive to impose one-particular viewpoint on the residents of Hillsborough County. This kind of blatant disregard for the First Amendment violates everybody's rights."
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 in this case also are 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.
Just a few hours after the lawsuit was filed, U.S. District Judge James Moody Jr. issued a temporary restraining order mandating that the county continue to pay for its public access cable channel until the October 15 hearing in district court.
CONTACT:
Miami: Alessandra Soler Meetze (305) 576-2337 ext. 16
Tampa: Paul Rebein, ACLU of Florida cooperating attorney, (813) 202-7100
