{"id":186,"date":"2009-06-19T13:56:38","date_gmt":"2009-06-19T13:56:38","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2009\/06\/pbs-decision-was-unwise-and-un.html"},"modified":"2009-06-19T13:56:38","modified_gmt":"2009-06-19T13:56:38","slug":"pbs-decision-was-unwise-and-un","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2009\/06\/pbs-decision-was-unwise-and-un.html","title":{"rendered":"PBS Decision Was Unwise and Unnecessary"},"content":{"rendered":"

Barry, “sectarian” programming should not be excluded from public broadcasting at a time when matters of faith and religion are so much in the news and in the hearts and minds of viewers.<\/font><\/p>\n

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Local public broadcast programming is supposed to be tailored to the unique needs and characteristics of the community. This unfortunate decision serves to further nationalize the control of public broadcasting and undercuts the ability of local stations to provide a full, diverse, and relevant community service. The fact that this decision came after twenty-five years of lax enforcement is telling.<\/font><\/p>\n

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For one thing, this decision was certainly not required by the Establishment Clause. The fact that a small percentage of a public broadcast station’s air time includes programming with religious or sectarian content does not violate the Establishment Clause. Any such content would further the legitimate secular interest of providing public broadcast content that reflects the needs and interests of the local community. The few local stations permitted to keep their longstanding religious programming to serve the needs of their communities have no reason to fear a violation of the Establishment Clause.<\/font><\/p>\n

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In addition, under Arkansas Educational Television Commission v. Forbes<\/i>, 523 U.S. 666 (1998), public television programming is not typically a forum for private speech and broadcasters have editorial discretion to decide what to air. Importantly, however, where public broadcasters air a political debate or other program that provides a platform for the expression of private speech, free speech principles come into play. A ban on religious or “sectarian” viewpoints in such programming would violate the private speakers’ freedom of speech. This likely explains why the recent decision does not cover discussion programs that air different religious points of view. It is also, ironically, one of the reasons, aside from money, why PBS stations may still air religious programs on their secondary digital multicast TV channels and websites. <\/font><\/p>\n

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Barry, the PBS decision reflects two major problems that reach far beyond this particular decision: the secularization of public life and the federal monopolization of local control. PBS should have followed the old adage: If it ain’t broke, don’t fix it.<\/font><\/p>\n

<\/font> <\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/font><\/span><\/span><\/font><\/p>\n

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 <\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, “sectarian” programming should not be excluded from public broadcasting at a time when matters of faith and religion are so much in the news and in the hearts and minds of viewers.   Local public broadcast programming is supposed to be tailored to the unique needs and characteristics of the community. This unfortunate decision…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75,176,5],"tags":[],"class_list":["post-186","post","type-post","status-publish","format-standard","hentry","category-establishment-clause","category-public-broadcasting","category-separation-of-church-and-state"],"yoast_head":"\nPBS Decision Was Unwise and Unnecessary - Lynn v. 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FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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