DeeDee Halleck |
It
is no surprise that DeeDee Halleck has a date with the United States Supreme
Court.
In many ways it is her destiny.
Halleck has worked most her
life as a film director, media activist and provocateur that promotes citizen
access to American electronic media.
During
its current term, the court will decide Manhattan
Community Access Corp. v. Halleck [link], a case that might have major
implications for public media organizations.
Halleck, and her associate, poet and playwright Jesús Papoleto Melendez,
are asking the court to expand constitutional free speech protection for
individuals trying gain access to channels operated by private companies and
organizations.
The
case turns on the definition of a “state actor” – someone who is acting on
behalf of the government – who can therefore be sued for violations of the
First Amendment. In layperson terminology, the before the court is:
Should an
entity that promotes itself as a “public institution” that sponsors “public
forums” (such as public access cable TV or “public broadcasting”) be required
to provide airtime and exposure to anyone who wants it?
In
addition to public media organizations, the case will determine if limitations
on free speech by private operators of social media platforms such as Twitter
and Facebook are violating First Amendment rights.
In
the past, the Supreme Court has not directly ruled whether entities such as
public access TV systems that operate on leased channels provided by the
government, are considered public forums.
Manhattan
Community Access Corp. v. Halleck made its way to the Supreme Court when the court
agreed to review a ruling by the U.S. Court of Appeals for the 2nd Circuit that
the private operator of a public-access television channel is a “state actor.” Manhattan
Community Access Corp. appealed the 2nd Circuit’s decision and the Supreme
Court agreed to hear the case before June 30, 2019.
MEET DEEDEE HALLECK
Halleck
[link] brings an extensive grassroots media background to the case, which might
be why the Court gave her standing.
Now in her late 70s, Halleck has led many media
workshops with elementary school children, reform school youth, senior citizens
and migrant farmers.
She
has been (and according to her resume, still is) associated with Amy Goodman
and Democracy Now! She claims to have
developed the program’s television version.
Halleck was co-founder of the Deep Dish Satellite Network, the first grass roots
community television network.
In
New York, Halleck is perhaps best known as the founder and de facto leader of Paper Tiger
Television,
a collaboration that proudly says on its website [link] is a collective organization that strives to break down hierarchy. We have
no executive director, no managers, [and] no bosses.
Paper Tiger was a major player in
the 1970s and 1980s Manhattan cable TV scene. It served as a promotional
platform for videos produced by Halleck and other folks in her orbit.
In what
some consider the Golden Age of cable public access programming, Halleck’s
productions appeared on the same cable channels as Midnight
Blue, a sexually themed cable TV program created by Al Goldstein,
the publisher of Screw! magazine.
Camcorder Commando Jen Lion
s |
Paper
Tiger did not produce pornography but its films were edgy and at times
disturbing.
If you are interested these types of films we recommend visiting
the Paper Tiger website where many are available in the archives. Some of the
best films are about media criticism [link], queer perspectives [link] and youth
issues [link].
Through
out the years, the central themes of Halleck’s work have remained the same:
• Take control of media to better your life
• Control the media
narrative
• Produce media about your own culture
Halleck’s
videos are also available on Vimeo [link].
MEET MANHATTAN COMMUNITY
ACCESS CORP.
Frequent
Spark News readers may recall our previous coverage of Manhattan Community
Access Corp. a/k/a Manhattan Neighborhood Network a/k/a “MNN.” Earlier in 2018 [link],
MNN unsuccessfully tried to take over WBAI via a public service operating
agreement.
MNN
promised a “miracle cure” for WBAI’s many problems. MNN’s heavy-handed approach
was never taken seriously. MNN recruited WBAI employees to help with a take over WBAI
and staged prefabricated public protests to make the takeover seem necessary.
Dan Coughlin |
MNN
produces public access programming for several New York cable operators.
It is almost totally subsidized by cable
franchise fees that subscribers pay to their local cable company.
MNN’s
Executive Director is President and CEO is Dan Coughlin, a former Executive
Director of the Pacifica Foundation.
Coughlin
was hired at MNN in 2006. According to
2015 IRS information, he was paid around $400,000 in salary and benefits that
year.
HOW THE CONFLICT BEYWEEN
HALLECK & MNN BEGAN
According
to a recent article in The Economist [link],
the dispute began in December 2011 when Halleck was locked out of a MNN board meeting.
In
early 2012, Halleck and her friend, Jesús Papoleto Melendez, attended a MNN
board meeting and began videotaping the session. A MNN employed publically
called Halleck a “traitor” and the two people exchanged heated words.
Then,
in July 2012, Halleck and Mendendez tried to attend another MNN board meeting
but were not allowed in the meeting room. Halleck then began recording a videotape
of Mendendez buttonholing attendees and complaining about being barred from the
meeting.
Halleck
edited the tape into a 25-minute film called The One Percent Visits El Barrio. It aired several months later on
one of MNN’s cable channels.
MNN’s
management became aware that Halleck’s film had been aired. She was notified in writing that her film
would never, ever be seen again on MNN. Hallack was suspended from MNN for a
year and Melendez was banned for life.
Halleck
and Melendez then filed suit.
KEN SAYS: Look for the Supreme
Court to overturn the lower court’s ruling. However, if the court does let the
lower count’s ruling stand, any business or organization that holds a “public
forum” will be potentially be affected.
UPDATE 10-29-18
6pm CT
Comment from
DeeDee Halleck:
MNN
has a contract with the city to provide a way for "Manhattan residents to
exercise our First Amendment Rights." That is their mission and also is
stated in the "policies' section of their handbook which is also on their
web site. New York State public access meetings are open to the public
according to the New York State Open Meetings law.
We
were very happy with the decision of Judge Newman of the US Second Circuit, who
said that public access is a public forum. By appealing that ruling, Dan
Coughlin and the MNN lawyers are jeopardizing the entire community of hundreds
of public, government and education channels throughout the United States and
his own $9,000,000 yearly budget. --- DeeDee Halleck
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