Mancow Sues!! -- Mancow Sucks

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Date Posted: 13:21:54 03/24/04 Wed
Author: Chuck
Author Host/IP: w043.z066088034.chi-il.dsl.cnc.net / 66.88.34.43
Subject: Mancow Sues!!

Mancow' sues man who complained to the FCC

By Kathryn Masterson
Published March 24, 2004

While the FCC is cracking down on offensive broadcasting, Chicago shock jock Mancow is fighting back, suing a man who filed indecency complaints against his morning show.

Erich "Mancow" Muller filed a lawsuit Tuesday against David Smith of Chicago, arguing that Smith filed more than 60 FCC complaints with the intent to harass Mancow, pressure sponsors to leave the radio show and interfere with his business. In the lawsuit, filed in Cook County Circuit Court, Mancow is asking for $3 million from Smith and a court order to stop him from filing more of what Mancow labeled "spurious" FCC complaints.

"Although I studied to be a minister, my time of 'turn the other cheek' has now ended," Mancow said in a statement issued Tuesday. "I firmly believe the 'zealots' have done numerous illegal things that will be revealed in the courts."

But Smith, who works with the group Citizens for Community Values, said he filed the 66 reports from 1999 to 2003 because he believed federal regulators were doing a spotty job of enforcing their rules regarding indecent broadcasts.

The FCC agreed with six of Smith's complaints, fining Emmis Communications, the Indianapolis-based owner of WKQX-FM 101.1--which airs "Mancow's Morning Madhouse"--$42,000 for broadcasts it considered indecent, including one that contained a sexual song called "Smell My Finger." Smith says several other complaints are pending or under appeal.

Kate Healey, an Emmis spokeswoman, declined to comment on the lawsuit, saying, "This is not a company issue." Mancow argues that the content of his program is protected by the 1st Amendment's guarantee of free speech.

"Our founding fathers put the 1st Amendment first because they believed it was most important," he said in his statement. "If we lose the 1st Amendment, we lose America."

Smith declined to comment specifically on the lawsuit, but he disputes Mancow's complaint that the FCC filings are infringing on Mancow's constitutional rights. Though Smith believes there's "nothing socially redeemable about what [Mancow] says," he's free to say what he wants in a book, a cable show or anywhere else that isn't broadcast on the public airwaves.

"The public airwaves aren't owned by Mancow and other shock jocks," Smith said. "They are owned by the people, who can determine the parameters of what's acceptable."

The lawsuit would be a difficult one for Mancow to win, said Frank Pirruccello, a media and entertainment lawyer, who said he's not aware of plaintiffs winning any cases like this.

"This is what the FCC is supposed to do--take complaints," Pirruccello said. "This guy is just asserting his right to make complaints.

"For Mancow to sue the complainant is going to be tough because it could have a chilling effect, and that's something courts aren't likely to do."

Mancow said he has a "massive war fund" and won't quit the fight until he wins. Any money from the suit would be donated to the Boy Scouts of America and other charities, he said.

Smith knows Mancow will use all his resources in his power, but he said the entertainer's lawsuit won't halt his radio-monitoring activities.

Copyright � 2004, Chicago Tribune

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Replies:

Re: Mancow Sues!! -- Chuck, 13:23:28 03/24/04 Wed
Re: Mancow Sues!! -- FANDICK, 07:27:43 04/29/04 Thu