|
WAMC
Northeast Pirate
Network®/™HOME
PAGE
The following article was published in Metroland
Magazine on June 8, 2000.
It is reproduced here without permission.
volume 23, number
23 June 8, 2000 (To
access Metroland's Web site, Click
Here!)
freespeech.com
The Internet has
made it easy and inexpensive for ordinary people to share
information with
the rest of the world. Is this a boon for
democracy, or an
invitation to irresponsibility?
By John Rodat
©2000 Lou Communications
d/b/a Metroland
There are potholes on the
information superhighway. There are cul-de-sacs, dead ends and dank alleyways.
It’s flanked by creepy hitchhikers; anarchists with nefarious plans stand
holding cardboard signs that read “Anywhere.” Scantily scanned vixens beckon,
“Want a date?” You log on anticipating a pleasant field trip, via clean,
well-lighted broadbands, to an encyclopedic entry on a national landmark
—Mount Rushmore or the White House. But you miss a turn, you zig when you
should have zagged, dot-com when you should have dot-goved, then round
the corner wide-eyed and guileless to find yourself in the thick of thieves,
crackpots, sociopaths and pornographers. You are assaulted by curses, slurs,
ideologies, harangues, tasteless parodies and lewd solicitations that baffle
and offend you with their shameless strangeness. The undignified ruckus
of it all sounds to you like the very end of civilization. The goths are
at the gate gibbering guttural obscenities. They’ve stormed your home,
your castle. And all you wanted was a photo of the Lincoln bedroom for
your book report.
Worse, you discover as you
click a rapid retreat, entering search commands for familiarity, there
are sites dedicated to persecuting you personally. No mild denigration
of your private beliefs but an overt and frontal attack on your public
persona. The site declares in no uncertain terms that “You, [your name
here], Suck.Com.”
You’ve been digitally kidnapped,
abducted and bound in binary code. It’s a Phillip K. Dick nightmare blazing
vividly on the monitor of your personal computer.
Fancifully paranoiac as this
sounds, it is happening.
Or: Isolated and, marginalized
in a society that demands strict conformity to plastic ideals manufactured
by profit-worshipping corporations and implemented as policy by a corrupt
old-boy network, you scour the popular media for the depiction of a recognizable
face, for any evidence that there is a place for you in the officially
sanctioned culture. Deprived of a public forum in which to speak your mind
in your own natural accent, you skulk round the periphery, developing coping
mechanisms and defenses that are pronounced “antisocial.” You log on, hoping
to connect anonymously with something or someone who might also hope to
connect. You key-stroke, you click and drag, and a world unfolds before
you: Your voice is echoed back to you a hundredfold, a millionfold. You
see not only yourself in this domain, but innumerable others critical of
the system that has driven you here, uncountable others kicking against
the pricks, fighting the good fight, waging holy wars against societal
mechanisms that would keep them still in silent lines. You are emboldened.
Here, your voice and image carry as far as those of the bureaucrat, the
journalist and the CEO. Your access is unlimited, your mobility unchecked.
Improbably messianic as this
sounds, it too is happening.
The Internet has been hailed
as a revolutionary technology that, if unhindered, will facilitate the
establishment of a true Jeffersonian democracy supportive of tolerance,
inclusiveness and diversity. At the same time, it has been decried as an
anarchic vehicle for the dissemination of base entertainment, slander and
obscenity.
Public-policy decisions are
made and rapidly overturned as this debate continues, and consensus proves
elusive.
For a telling real-life illustration
of the paradoxical nature of the Internet, we need look no further than
Albany’s public-radio affiliate WAMC (90.3 FM), and its chairman and executive
director, Alan Chartock. In addition to his administrative responsibilities
as the station’s head honcho, Chartock takes on a number of on-air duties,
including hosting both The Media Project, a forum discussion of issues
pertinent to news reportage, and Mario and Me, an ongoing Crossfire-style
debate between Chartock and former New York Gov. Mario Cuomo. And, as the
station’s in-house political analyst, Chartock’s commentary can also be
heard on many of AMC’s other features, including The Capital Connection.
Furthermore, he is a weekly columnist for The Berkshire Eagle in Pittsfield,
Mass., an on-air political commentator for WRGB-TV (Channel 6), and a tenured
professor of political science and communication at the University at Albany.
The high profile that Chartock
maintains, coupled with his aggressively opinionated persona, virtually
guarantees frequent criticism from those who simply disagree with him on
a given issue. That comes with the territory. Chartock is certainly not
deterred by the prospect of voicing potentially unpopular opinions—any
regular public editorialist learns early to deal with the righteous indignation
and occasional ire of his readers, viewers or auditors—but recently, Chartock
gained an actual nemesis, someone apparently bent on nothing short of his
personal shaming and banishment from the airwaves.
At the Web site www.wamc.net,
you will find something titled the “WAMC Northeast Pirate Network.”
Obviously, this is not the official site of the radio station (which, as
a nonprofit enterprise, has a dot-org address: www.wamc.org) but a site
intended, according to its mission statement, to offer “alternative viewpoints
and opinions to those expressed [ad nauseum] over the WAMC 90.3 FM Northeast
Public Radio Network.” The site also is intended “to let you know what
listeners really think, and to provide answers to questions about things
you might have wondered, but about which you could never get a straight
answer from the powers-that-be at WAMC.”
The questions which the site
presumes are foremost in its visitors’ minds almost exclusively regard
Chartock’s personal ethics, rather than the quality of his administration
of the station.
For example: “How is Alan
Chartock able to surround himself on WAMC’s board with hand-picked trustees
who continually rubber-stamp his wishes [and his salary increases], a board
which never fails every year to elect him WAMC chairman, and its paid ‘executive
director’?
“How did a valuable FM broadcast
license, owned by the citizens of New York State and operated by Albany
Medical College, end up being transferred for FREE to the PERMANENT control
of one politically-connected SUNY professor and a small hand-picked group
of his friends? And all this without benefit of that pesky legal formality—whenever
the State disposes of valuable State assets—of publicly auctioning off
those assets to the highest bidder?”
And: “…Aren’t you wondering
how Alan Chartock obtains his sweetheart deal from SUNY which, though ‘moonlighting’
is prohibited, pays him a full professor’s SUNY salary package while simultaneously
overlooking Alan’s WAMC full-time salary package with perks, benefits,
pension, travel allowances, and expense account all courtesy of ‘public’
radio WAMC 90.3 FM?”
Provocative as these questions
are, though, the site falls short on its promise to provide answers. In
fact, it does not seem to be structured with that intent in mind at all.
The content consists primarily of letters to the editor of The Berkshire
Eagle (reprinted without permission) expressing dissatisfaction with Chartock
for one reason or another— WAMC’s cutback on classical music, Chartock’s
column “bashing” the National Rifle Association, etc. The remaining space
is filled in with e-mails to the site itself. These, not surprisingly,
are more venomous in tone, and more personal in their attack.
Although many contributors
have signed their submissions, others use only online handles and a few,
including one who accused Chartock of sexual harassment, have asked for
and received anonymity from the administrator of the site. No evidentiary
documents regarding the earlier questions are displayed, nor is there much
serious discussion of those issues. More than anything, the site seems
to provide a forum in which disgruntled individuals can publish colorful
epithets for Chartock, such as “pompous, smarmy windbag” and “megalomaniac
peacock.”
When called for comment on
the site, Chartock declined.
So, is this an example of
legitimate public debate, in healthy democratic tradition, regarding a
public trust—or merely mean-spirited mudslinging and character assassination?
The self-appointed executive director and chair of WAMC Northeast Pirate
Network, Glenn M. Heller, claims the former. “I think it’s a wonderful
way to have a running commentary from people who care about WAMC, without
the censorship,” he states. “It’s meant to act as a platform and soapbox
for people who are not getting reactions from the official channels.”
In response to questions
regarding the content of the site, Heller says, “It’s my goal to let the
people make up their own minds, to get the information out there and let
them decide. It’s actually the people who are writing the Web site. I’m
just being a good little editor.”
It is clear from his tone
that Heller uses the phrase “the people” in its capital-P, “We the People”
sense. He believes that the Internet is the perfect tool for empowerment
of the people. “That’s the power of the Internet,” he says. “It’s undermining
the status quo. It’s the end of controlled media.”
And Heller is no stranger
to the media. In 1979, during the gasoline shortage, he made national headlines
by charging $1.56.9 a gallon at his Boston gas station—the highest price
in the country. Eventually, he was charged and convicted of criminal “price
gouging.” Although the criminal charges were later overturned, he was eventually
ordered by a civil court to pay fines totaling approximately $214,000.
It was not the last time
Heller would see his name in print, nor the last time he would find himself
at odds with government officials. A 1992 Berkshire Eagle article
reported that “Heller was well-known as a local gadfly during the 1980s,
challenging town government in Monterey, city government in Pittsfield
and county government as well.” Another article in the same paper scoffed
at Heller’s hyperactive activism, labeling him “the self-appointed champion
of Pittsfield’s crab-apple trees, the Sheffield covered bridge, municipal
insurance regulations, Proposition 2 1/2, white lines on the road, Monument
Mountain, summer people and a procedure for notifying voters about town
meetings that included everything but a wake-up call from the front desk.”
It should be noted though
that this same exasperated tirade admitted that “Heller’s most vexing characteristic
is his tendency to be right,” observing that “his love affair with the
letter of the law urges him into astounding feats of research designed
to confound and embarrass local officials.”
Glenn Heller is not unique
in his mission to confound and embarrass local officials, nor is he the
only person who considers the Internet suitable for that purpose. Several
months ago, two residents of North Adams, Mass., John Choquette Jr. and
William Davis, created a Web site titled www.northadamsfree.com in order
to make public the alleged transgressions, abuses and ethical improprieties
of North Adams Mayor John Barrett III.
Choquette, a property manager,
and Davis, a retired North Adams’ police detective, refer to themselves
as the “Guardian Angels” and state explicitly their intent to drive the
17-year incumbent from office:
“The ANGELS agenda goes like
this: The ouster and removal from office of Mayor John Barrett III. The
ANGELS would also like to see some term limits put in place for the office
of Mayor, maybe eight years. The need for this term limit is best demonstrated
by John Barrett himself and what can happen when a Mayor gets too powerful
and goes corrupt.”
The charges levied against
Barrett at the site are numerous and wide-ranging. He is accused of forging
signatures on a bottle-bill referendum, of improperly using a city-owned
vehicle as his private property, of illegally shredding documents requested
by the Guardian Angels through the Freedom of Information Act, of withholding
knowledge of his sealed criminal record from the public, of verbal assault
and intimidation, and of various conflicts of interest that the Guardian
Angels regard as corrupt (such as accepting free cable service while responsible
for negotiating city cable rates). Barrett, a former schoolteacher, also
is accused of serially abusing the students once in his care.
Although the site receives
and posts e-mails, the vast majority of the information at www.northadamsfree.com
is penned by the Angels themselves. In long, often clumsily composed diatribes
that crackle with animosity, Choquette and/or Davis lambaste the mayor,
labeling him a “rogue,” a “shyster,” a “dictator” and “the teacher from
hell.” Barrett’s supporters are likened to a cult, members of which, it
is asserted, regard Barrett as “a GOD like figure who can do no wrong and
knows all.” Unlike the WAMC pirate site, however, there are several scanned
documents —whose authenticity is impossible to determine—that appear to
support some of the accusations, including several handwritten letters
from individuals claiming to be former students of Barrett’s.
Barrett has not only denied
all wrongdoing but has also asserted that that the Guardian Angels have
falsified the supposed corroborating evidence. Barrett’s lawyer, Victor
Polk, told The Berkshire Eagle: “I can say we believe this is part of an
elaborate fraud. I have personally spoken to witnesses who have indicated
they have been asked specifically to make false statements. What they’ve
done, we believe, is concocted a story they made up and asked friends and
business associates to back them up.” Accordingly, Barrett is bringing
a libel suit against both Choquette and Davis.
Although Polk and Barrett
had hoped to receive a preliminary injunction requiring the Web site to
shut down until the matter was settled legally, they retracted the request
when it was suggested that it would impose an unconstitutional “prior restraint”
of the right to free speech of the publishers. The Eagle quoted Polk as
saying that while he did not believe the injunction would constitute prior
restraint, he did not want to get into a debate about the First Amendment.
Unfortunately for Polk and his client, they are unlikely to have any choice
on the matter, for the United States Supreme Court has ruled in several
cases that it is exactly this type of public debate that the First Amendment
is intended to protect. In light of that fact, Barrett’s statement to the
Eagle that “this isn’t a freedom of speech issue—this is an issue about
whether they can defame a public official on the Internet” seems self-contradictory.
In Reno vs. American Civil
Liberties Union (1997), the Supreme Court declared unconstitutional
the Communications Decency Act of 1996 (CDA), which would have made illegal
the “knowing” transmission of “obscene or indecent” messages to anyone
under the age of 18. The government’s case relied on precedents in which
supposedly obscene material was disallowed from broadcast media easily
accessible by minors. The court, however, ruled that the Internet was not
comparable to broadcast media such as radio and television, and concurred
with a District Court ruling that “communications over the Internet do
not ‘invade’ an individual’s home or appear on one’s computer screen unbidden.”
Furthermore, they stated
that “Through the use of chat rooms, any person with a phone line can become
a town crier with a voice that resonates farther than it could from any
soapbox. Through the use of Web pages, mail exploders, and newsgroups,
the same individual can become a pamphleteer ......[O]ur cases provide
no basis for qualifying the level of First Amendment scrutiny that should
be applied to this medium.” In other words, Internet communications have
been pronounced by the United States Supreme Court to be deserving of the
same First Amendment protections as print and conversation.
Which leaves the issue of
defamation. In New York Times Co. vs. Sullivan (1964), the Supreme Court
declared: “[W]e consider this case against a background of profound national
commitment to the principle that debate on public issues should be uninhibited,
robust, and wide-open, and that may well include vehement, caustic, and
sometimes unpleasantly sharp attacks on government and public officials.”
The Court determined that “A state cannot, under the First and Fourteenth
Amendments, award damages to a public official for defamatory falsehood
relating to his official conduct unless he proves ‘actual malice’ —that
the statement was made with knowledge of its falsity or with reckless disregard
of whether it was true or false.” This means that “factual error, content
defamatory of official reputation, or both, are insufficient to warrant
an award of damages for false statements.” So, barring that finding of
“actual malice,” —which must, by definition, be assessed after the fact—
Choquette and Davis and Glenn Heller and you and I can legally defame Barrett,
Chartock and any other public official we set our sights on with impunity.
Barrett’s actions make clear
that he believes he will inevitably be vindicated in court. For their part,
the Guardian Angels are equally confident that a trial will set things
right. “We will take this to the Supreme Court, I have no doubt in my mind,”
Choquette declares. “I believe that, through legal action, we will prevail.”
Each party will have the
opportunity to test that confidence soon enough; the case goes to trial
in Berkshire Superior Court in October 2000. This is a much earlier date
than is ordinary, but Judge Thomas Curley, citing the long shelf life of
materials posted on the Internet and the capacity for interaction among
its viewers, determined that the Internet is a fundamentally different
medium than print—seemingly in contradiction to the findings in Reno vs.
ACLU—and that as a public official, Barrett was entitled to a speedier
trial than normal.
Given the complicated nature
of free-speech issues and the stated willingness of Choquette and Davis
to take the case to the highest court, however, this is likely to be a
protracted battle.
And why should you care?
Why should you concern yourself about the plights of a local newscaster
or a small-town mayor anymore than you might about the latest National
Enquirer muck? Two words: election year. Policy regarding the nation’s
information infrastructure is still being hashed out, and both of the frontrunners
have made public statements suggesting they intend to take active roles
in shaping that policy. Texas Gov. George W. Bush has made very strong
statements regarding the breadth of online free speech he considers appropriate.
In reaction to a parody site
illustrating Bush’s self-admitted use of cocaine, the candidate lodged
a complaint with the Federal Election Commission demanding that the site
be regulated as a political-action committee. Questioned about his attempts
to shut the site down, Bush stated succintly, “There ought to be limits
to freedom.”
Vice President Gore—whose
early support of funding for the development of Web technology led him
to make the much-ridiculed overstatement, “During my service in the United
States Congress, I took the initiative in creating the Internet”—has a
less clear agenda. But in a cybercast speech in 1994, Gore stated plainly
his belief that the government had an important role to play:
“Now, how can we create a
network of information superhighways? Obviously, the private sector is
going to do it, but the Federal Government can catalyze and accelerate
the process by establishing standards, protocols, insuring interconnection,
connectivity and removing barriers that slow down the pace . . . barriers
in the form of obsolete laws that were created when we didn’t have any
trouble understanding the difference between a telephone and a computer.”
Progressive as this speech
sounds, the reference to “obsolete laws,” coupled with the Clinton administration’s
support of the Communications Decency Act, suggest that Gore’s vision of
the Internet is not so open as it might appear. Presently, Gore is touting
the Parents’ Protection Page, a start-up page featuring Internet safety
tips and links to assist parents in shielding their children from inappropriate
content; generally regarded as less restrictive and punitive than the CDA,
it has still been protested by groups such as the National Coalition Against
Censorship.
The Internet’s present unregulated
openness allows for a plurality of voices and opinions, and presents the
opportunity to create a public forum of unprecedented inclusiveness. But
this will require of the users an unprecedented responsibility and farsightedness—it
will require that they “self-police,” says Jeff Jones, spokesman for the
state watchdog group Environmental Advocates and a longtime activist and
journalist. He contends that the selfish use of the Internet’s capacities
for the online equivalent of yelling “fire” in a crowded movie house will
only further the forces of censorship:
“You have to believe that
what you’re putting out is accurate. It would be irresponsible to put out
something inaccurate and claim it that it’s accurate, taking advantage
of free speech, because eventually that is going to contribute to the cause
of the institutionalized forces of society who don’t want free speech on
the Internet.”
It is therefore incumbent
upon those who value free speech to protect it vigilantly, Jones says.
“We have to anticipate a future where we are fighting to hold on to a toehold
in Cyberspace,” he warns. “If we allow the people who are trying to control
it the right to censor the fringe—whether we agree with them or not—then
we lose.”
©2000 Lou Communications
d/b/a Metroland
HOME
PAGE
©2000
WAMC
Northeast Pirate
Network®/™
|