Re: WEVD (was WFAN New York)

["'A. Joseph Ross'" <lawyer@world.std.com>]

On Wed, 6 Aug 1997, Dan Strassberg wrote:

> Joe: You're not stupid, but you seem to be missing the point and I have to
> believe that you're missing it on purpose. A radio station is NOT the Globe.
> The Globe does not distribute its newspapers via a publicly owned resource.
> (Well, OK, the delivery trucks run on publicly owned streets.) And a private
> for-profit corporation (religiouly oriented though it may be) is not a
> Jewish community center. The community center is presumably affiliated with
> a legitimate religious organization.

I'm not missing the point on purpose, I simply don't think it would affect
the court's decision.
 
> I maintain that a private for-profit radio station that is licensed by the
> federal government and exists only because the government has granted it
> exclusive use of a publicly owned resource, cannot legally selectively deny
> the use of its facilities to religious organizations that make good-faith
> offers to lease those facilities. All of the qualifications I've piled into
> the previous sentence are important. If the station were a non-profit
> entity, if it were owned by a legitimate non-profit religious organization,
> if it transmitted via cable instead of on publicly owned airwaves, if it
> refused to lease its facilities to ALL religious organizations, I don't
> think anyone would have a right to redress. 

Well, I've stated my opinion and you've stated yours.  Until the case
comes up and the courts rule, we'll never know for sure.  And if such a
case ever does get to the U. S. Supreme Court, it wouldn't surprise me at
all to see a 50-4 decision with extensive dissenting opinions -- whichever
way the majority goes.

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  A. Joseph Ross, J.D.                                          617.367.0468
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