More resources to follow the Black Power Radio case
Appeals court decision has implications for First, 14th Amendments
In recent days, we’ve heard more than one community radio station operator wonder aloud how to know when politicians and policymakers have crossed the rubicon—in compromising freedom speech, a free press, and freedom of association.
Historians may be in a better position to describe such pivotal moments than a news pundit or prognosticator.
But either way, we think the outcome of a community radio case now on appeal in Florida—African People’s Education and Defense Fund v. Pinellas County—will be important.
The station’s attorneys say that county officials defunded Black Power Radio in violation of its First Amendment protections, and in violation of another bedrock principle: the freedom of association. The 11th Circuit Court of Appeals agreed to hear oral arguments this fall.
A few weeks ago, we wrote about events leading up to the case. With this follow-up, we’ve pulled key court documents, including the appeals court docket, the station’s opening brief, the county’s reply brief, and the station’s answer to that reply.
You can access them for free on DocumentCloud via these links:
Most court hearings are open to the public, including oral arguments for an appeals case such as this one.
Although the 11th Circuit Court of Appeals is based in Atlanta, Georgia, the court travels to Jacksonville, Florida, to conduct some of its hearings. Black Power Radio’s appeal has been scheduled for the week of November 3 in Jacksonville. On such occasions, the court typically convenes for four days (at 9 a.m. each day) and hears about four cases per day, making it fairly easy for interested members of the public to attend. The court also streams its hearings online. More information here.
Communications Act of 1934, Sect. 326.
Nothing in this Act shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication.