Tag: "Appellate division"
Weekend Talk Host Pete Sheppard Quits During WEEI, Boston Saturday Program. Telling listeners that he’s no longer happy working for the company, WEEI, Boston weekend talk host Pete Sheppard abruptly quit on-air during his Saturday evening show. Sheppard, who was a long-time fixture on the former Glenn Ordway-hosted PM drive “Big Show” and was fired from that post due to budget cuts in 2010, was hired back for part-time duties about a year ago. Sheppard even went so far as to tease his on-air exit by Tweeting that he had something special coming up. He also specified that his problem was with Entercom management and not program director Jason Wolfe.
Legal Analysis and Brief Historical Background of “Stern Versus Sirius” Suit. Sometimes it is, as Mel Brooks commented in his movie “The History of the World, Part One,” good to be the king. But other times it is not. Howard Stern, the self-proclaimed “King of All Media” took a hit last week when the dismissal of his lawsuit against Sirius XM Radio, Inc. in which he sought more than $300 million in stock awards was upheld by the Appellate Division of the New York Supreme Court. In order to understand Stern’s lawsuit, which he filed in 2011, it is important to review the history of Stern’s relationship with Sirius. In an illuminating article posted today (4/15) TALKERS legal editor Steve Weisman explains both the background and legal tenets of this important, high-profile (and big bucks) radio industry case. To read it, click here.
Bonneville’s KIRO-AM, Seattle Names Danny O’Neil Late Morning Co-Host. Bonneville’s “710 ESPN Seattle” names market sports journalist Danny O’Neil co-host of the 9:00 am to 12:00 noon program alongside Brock Huard. O’Neil replaces Mike Salk who moved to WEEI, Boston earlier this month. The “Brock & Danny Show” debuts today. The station states that in addition to his on-air duties, O’Neil will write a daily Seattle-focused sports column/blog on 710Sports.com. During the NFL season, O’Neil will cover the Seattle Seahawks to provide fans with an inside perspective on the team. O’Neil did three stints with the Seattle Times (1996-97; 1999-2002; 2006-2013) and also wrote for the Seattle Post-Intelligencer from 2002-2006. KIRO-AM vice president and general manager Dave Pridemore states, “We are extremely excited about teaming up Danny O’Neil with Brock Huard on 710 ESPN Seattle. I’m sure our listeners will appreciate the combination of an athlete’s insight and analysis with a journalist’s curiosity and straight forward perspective.” Program director Brian Long says, “Brock and Danny have a natural chemistry and genuine likability that will make for a smart entertaining listen for the Seattle sports fan.”
Encouragement and Advice for Lonely Digital “True Believers” at Radio Stations. Noted digital radio consultant and TALKERS columnist Chris Miller says, “True Believers are the radio folks I talk to who just know deep in their heart of hearts that the brilliant use of our digital tools could help radio be the best it could possibly be. When I talk with them, they often just see so clearly how to fit all our different platforms together and how to use them. Most of them seem to feel a level of frustration, too. I suspect that’s because they are often the one person at work who is both knowledgeable and passionate about the potential of these tools.” If you think that describes you, in an article posted to today in TALKERS, Miller serves up several good ideas on how to lessen your frustration level as well as help position you as the radio/digital expert in your workplace and help accomplish your goals. He suggests starting small, pressing for constant improvement and creating an industry-wide community of like-minded broadcasters. To read Chris Miller’s entire piece, click here.
Glenn Beck Named Recipient of 2013 Freedom of Speech Award. The editorial board of TALKERS magazine has named Premiere Networks syndicated radio host, CEO/founder of Mercury Radio Arts, and founder of TheBlaze, Glenn Beck the recipient of the 2013 Freedom of Speech Award. The award is one of the most prestigious honors presented annually in the talk media industry. The award is presented to an individual in the talk media industry who courageously demonstrates the First Amendment in action, productively promotes its vitality, and inspires increased public awareness of its tenets. It has an extremely colorful history, sparking heated controversial battles on some occasions, and accruing a roster of outspoken, dynamic recipients as diverse as the medium itself. Past honorees include Rush Limbaugh, Howard Stern, Michael Savage, Bob Grant, Sean Hannity, Alan Colmes, Al Franken, Juan Williams, Joe Madison, Matt Drudge, Norm Pattiz, Brian Lamb, Jim Farley and more. According to TALKERS VP/executive editor Kevin Casey, “This is a tough award to present – especially when the recipient is a politically controversial figure — because people who view the world through the lens of partisan politics immediately see the award as an endorsement of the position expressed by the recipient, as opposed to its deeper, principled meaning. The only political position held and espoused by TALKERS magazine is our devotion to the tenets of the First Amendment. Otherwise we are about as non-partisan as you can get.” TALKERS publisher Michael Harrison adds, “This year’s recipient deserves the award for several reasons: First, he has shown enormous courage and creativity in expressing extremely controversial views on both talk radio and cable television; second, he stood up to the powers-that-be at his biggest single platform and dared to risk (and eventually lost) his lucrative job in the process; three, he demonstrates the vital role of showmanship and entertainment in artfully executing his craft within the commercial marketplace while still getting his points across (which is what this business is ultimately about); and four, he has intelligently designed a model of independent broadcasting through his pioneering development of an entrepreneurial ‘media station’ that serves to inspire others, create jobs and pave the way for the next generation of talk show hosts to carve their meaningful niches in the new 21st Century digital reality.” The 2013 Freedom of Speech Award will be presented to Glenn Beck at Talkers New York 2013. To see the entire up to the minute agenda, click here.
Salem Communications Re-Brands WHK, Cleveland “The Answer.” Following the trend in branding taken by its news/talk stations in New York, Los Angeles, Riverside, Dallas, Houston, Columbus, and Chicago, Salem Communications announced WHK, Cleveland becomes “AM 1420 The Answer.” Salem VP director of spoken word format Phil Boyce says, “As our listeners are preparing to write Uncle Sam that fat check, I can’t think of a better day to give Cleveland ‘The Answer’ to why their taxes are so high. We have the answer for little things like ‘why am I stuck in traffic’ to bigger things like what can conservatives do to win back the White House.” The on-air lineup, consisting of Salem Radio Network programs, remains the same. The station adds morning news anchor Jim McIntyre, “one of the most trusted news voices in Greater Cleveland,” as part of its local news, traffic and weather team. The station is adding a new late night program dubbed, “The 11th Hour,” hosted by McIntyre and Cleveland talk host Tom Kelly that will air at 11:00 pm. The station says the show “will focus on both local and statewide stories that affect the WHK audience, with news updates and interviews of the day’s newsmakers and journalists.” Station general manager Mark Jaycox states, “These are very exciting times at Salem Communications of Northeast Ohio. To be able to take a station like WHK – one rich in Cleveland heritage and Ohio tradition and celebrating its 91st birthday this year – and make it even more relevant and current, while maintaining that strong identity, we are confident our WHK listeners will be pleased with this change.”
Mid-West Family Broadcasting Acquires Wisconsin and Illinois Stations from Maverick for $15.5 Million. Just days after Connecticut-based Maverick Media announced the sale of its Santa Rosa, California stations to Lawrence Amaturo-led Sonoma Media Group, we learn that Mid-West Family Broadcasting is buying Maverick’s Eau Claire, Wisconsin and Rockford Illinois clusters. The stations in the Rockford market are: adult hits WRTB “Bob FM 95.3,” AC WGFB “B103 FM,” rock WXRX, and comedy WNTA-AM/FM “Funny 1330.” In Eau Claire, the stations are: news/talk WAYY, sports talk WEAU “ESPN 1150,” classic rock WECL “92.9 The Big Cheese,” AC WIAL, “I-94,” adult hits WDRK “Bob FM 99.9,” and country WAXX. In a statement, Mid-West Family Broadcasting president Tom Walker says, “We have wanted to grow our company for some time and want to bring the ideals of locally owned radio back to these two cities. The stations in both Eau Claire and Rockford will continue serving their local markets with the quality programming Mid-West Family brings to all its stations.”
Milt McConnell Joins Alpha Broadcasting’s Portland Cluster as SVP and GM. Former Cumulus Albuquerque market manager Milt McConnell is named the senior vice president and general manager at Alpha Broadcasting’s Portland, Oregon cluster. McConnell was part of a recent exodus of staffers from the Albuquerque operations that included longtime KKOB talk host Jim Villanucci. On his new post in Portland overseeing properties including hot AC KBFF “Live 95.5,” triple A KINK, country KUPL “98.7 The Bull,” sports KXTG-AM “750 The Game,” news/talk KXL “FM News 101,” and talk KUFO “Freedom 970,” McConnell says, “I am just thrilled to get back to live and locally owned radio. What Larry Wilson and Bob Proffitt have crafted with these premier brands at Alpha/Portland is incredible and I am excited about growing our influence in this dynamic city. The Alpha culture is very reminiscent of the boom years when we were growing Citadel. The cherry on top is that I get to work with formats that I have experience with and am extremely passionate about.”
Odds & Sods. CBS Radio’s WPHT, Philadelphia debuts its new PM drive program hosted by Dick Morris. The show is airing from 2:00 pm to 6:00 pm…..Meanwhile, longtime WPHT personality Michael Smerconish makes his move to SiriusXM Satellite Radio today. The program airs on the POTUS channel from 9:00 am to 12:00 noon ET….Speaking of SiriusXM, the satcaster began a six-week run of a special program hosted by Breitbart News Network chairman Stephen K. Bannon called “Breitbart News Sunday with Stephen K. Bannon” last night at 7:00 pm ET on its conservative talk SiriusXM Patriot channel. The three-hour call-in show is said to feature commentary and analysis on the stories and narratives that will drive the upcoming week’s news cycle from the editors and contributors of the Breitbart News Network.
Bernie Miklasz to Appear on WXOS, St. Louis Daily. When WXOS, St. Louis “101 ESPN” midday talk host Bernie Miklasz announced he’d be leaving his daily program on the Hubbard Broadcasting sports talker to focus on his work with the St. Louis Dispatch, the station said it hoped to still have him contributing on a regular basis. Now, it’s announced that Miklasz will be a regular guest and will be featured at the following times: Monday afternoons at 4:30 on “The Fast Lane,” Tuesday mornings at 9:30 with “Zach and Rammer,” Wednesday evenings at 5:30 on “The Fast Lane,” Thursday mornings 10:30 with “Zach and Rammer,” and Friday afternoons at 12:30 on the new midday program. Program director Chris “Hoss” Neupert states, “We are thrilled that Bernie Miklasz will still be a part of the ‘101ESPN’ team. His experienced analysis regarding the local St. Louis and national sports scene is immeasurable, and our listeners really value his comments and opinions.”
Longtime Denver Talk Host Rick Barber Facing ALS Battle. Rick Barber was a talk show host on KOA, Denver for more than 30 years. He exited the station in January of 2012 and was diagnosed with Lou Gehrig’s disease — amyotrophic lateral sclerosis – several months ago. Now, former fellow Denver talk host Peter Boyles is helping alert the industry to Barber’s situation and providing information where people can make donations. Find that on Boyles’ KHOW, Denver page here.
Greater Media’s Peter Smyth Honored by Massachusetts Women’s Political Caucus. Greater Media chairman and CEO Peter Smyth is pictured here at the 12th Annual Good Guys Awards on Thursday, April 11 at the Fairmont Copley Plaza Hotel in Boston. The awards event was produced by the Massachusetts Women’s Political Caucus which honored Smyth for his continued support of women and families in Massachusetts. Smyth is an active philanthropist working with many organizations that advocate for women and families including the United Way of Massachusetts, the New England Baptist Hospital and Emerson College. In addition, he is a supporter of GRLZ Radio, a radio station giving young women a voice in their community. MWPC executive director Priti Rao states, “We were very excited to honor Peter Smyth as one of our Good Guys. His dedicated advocacy to advance women serves as a role model to our community. His support of programs and initiatives that improve the welfare and safety of women and families has been indispensable.” Pictured here are (from l-r): Greater Media VP of corporate communication Heidi Raphael, “HOT 96.9” morning show co-host Pebbles, Greater Media Boston market manager Rob Williams, Smyth, “Hot 96.9” APD and digital media brand manager Jill Strada, WROR general sales manager Matt DiRoberto and Greater Media VP of program development Buzz Knight.
By Steven J. J. Weisman
BOSTON — The success of any talk show is based on lively, entertaining and sometimes offensive speech. This is guaranteed by the First Amendment. In the landmark 1964 United States Supreme Court case of New York Times v. Sullivan, Justice William Brennan wrote for the majority that we have a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks…”
The protection provided by the First Amendment is not unlimited however. When the speaker states mistruths with malice, that is he or she knows that what he is saying is a lie or makes statements with a reckless disregard for the truth or falsity of the statements, the speaker can be held responsible for libel or slander.
There is another source of protection, however, for those of us who make our living making sometimes controversial statements and that is “opinion.” Not all opinion is protected, but when it is made about a matter of public concern, the speaker is protected by the First Amendment and that was the recent ruling of the Appellate Division, Fourth Department of New York when it ruled in the case of Gisel v. Clear Channel Communications, Inc..
The plaintiff, John Gisel had been found not guilty of criminally negligent homicide in regard to his fatally shooting a man in a hunting accident. The day after his acquittal, Gisel’s sister, Jacqueline Inzinga, went on Bob Lonsberry’s talk show on WHAM, Rochester to discuss the case. During their on-air discussion, Lonsberry asked Inzinga how it felt to have a brother who was a “cold-blooded murderer” and whether he “put a notch in the stock of his gun as he kills people?” Lonsberry also stated “that the hunting incident could not have been an accident…”
As a result of those statements, Gisel sued for defamation.
However, the court dismissed the case as a matter of law without even an evidentiary trial by concluding that Lonsberry’s comments qualified as pure opinion. The court stated that reasonable listeners would not conclude that Lonsberry was making statements of fact, but rather of his opinion in regard to underlying facts that were well known to the general public through extensive media coverage of the incident and the judicial hearing. The court also emphasized Lonsberry’s talk show as a “forum for public debate on newsworthy topics, and his statements were made during an on-air debate with his listeners regarding plaintiff’s culpability and whether the jury had properly acquitted plaintiff.” The court noted that the “tone of Lonsberry’s statements were obviously intended to be caustic and confrontational rather than factual” and they found nothing wrong with that. The court concluded that his statements were constitutionally protected expressions of pure opinion and therefore protected by law.