Section II

Broadcasting and Cable Television: J

J. Idaho Lawmakers Drop Disclaimer for PBS Programming

 

     The Idaho Public Television system incurred the wrath of some state lawmakers in the fall of 2000 when it aired a PBS program entitled “It’s Elementary.”  The core of this acclaimed documentary was a frank discussion of homosexuality in public schools, offering guidance to teachers seeking avenues of tolerance toward gay and lesbian students.  Many public stations across the country had declined to carry the program.  Although conservative groups in Idaho protested, the state network did proceed to broadcast “It’s Elementary,” albeit (at the governor’s urging) an hour later than originally scheduled.


Lawmakers Retaliate

     It soon became apparent that the aftermath, at least in Idaho, was anything but elementary.  Many state legislators balked at appropriating several million dollars for the network’s annual support and for the initial costs of converting the system to digital format.  Eventually the lawmakers relented and agreed to provide funding, but insisted that conditions be attached.  Specifically, the appropriations act required the state board of education to enforce a policy against broadcasting any program that “promotes, supports or encourages” the violation of state criminal laws.  Though several legislators argued vigorously against imposing such broad and imprecise language on an expressive medium, harsh critics of the public network had the support of some moderates who feared that funding might be denied altogether if it could not be conditioned. 

     To implement the restriction, the board of education required that disclaimers reflecting the legislative language accompany programming throughout the fiscal year.  But when it came time to appropriate funds for the next fiscal year, 2001-02, the restriction was not renewed.  Meanwhile, the board of education moved slowly to rescind its disclaimer requirement.  One lawmaker introduced a bill that would have forced the board to drop the disclaimer, asking whether the board was “moving in the direction of seeking to control what Idaho citizens see and what they think.”  He withdrew his bill only after being assured that the disclaimer would no longer be aired after July 1, 2001.  Happily, no other state seems to have followed Idaho’s lead in seeking to control the content of public broadcasting.

     

-- Robert M. O’Neil


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