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Freedom of Speech: Missouri Knights of the Ku Klux Klan V. Kansas City

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Submitted By kenzieliz
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Dennis Mahon, a member of the KKK, was trying to exercise his freedom of speech, through airing a television program called “Race and Reason.” The Missouri Knights group chose public cable access to broadcast because they were free of any editorial control from the cable company. The show ran for five years and reached 50 cities. (Alderman, and Kennedy 25-36) Their original request to air the show was denied because the company had regulations that required that programming on Channel 20 be produced locally. In order to comply with the regulation the group changed the show’s name to “Klansas city Kable.” The main focus of their episodes dealt with racial issues and exposing government and corporate bureaucracy. In Kansas City, the cable company studio was located in a neighborhood that was 95 percent black. American Cablevision was concerned that violence would occur. Their other concern was that viewers would cancel their subscriptions. (Alderman, and Kennedy 25-36) Reverend Cleaver did not believe that “Klansas City Kable” was an exercise as free speech. Instead he believed that the KKK was creating a terrorist organization. (Alderman, and Kennedy 25-36) According to the Supreme Court, the struggle between the fear of violence provoked by speech and the promise of the First Amendment has produced perhaps the most famous principle in all of constitutional law: the “clear and present danger” test, the idea that government cannot punish speech unless it creates a clear and present danger. (Alderman, and Kennedy 25-36) Because freedom of speech is the most protected, it was hard for Cleaver and his allies to cancel the show. They then proposed the idea of eliminating the public access channel altogether. The proposal went through, and the channel was canceled. (Alderman, and Kennedy 25-36) After, Pevar (Mahon’s attourney,) filed suit in federal district claiming that the city had discriminated against the Klan on the basis of the content of its speech, that the public access channel was a public forum that the city had no right to eliminate, and that in doing so the city violated not only the First Amendment rights of the Klan and other producers, but also those of viewers who have a right to watch uncensored programs.“ (Alderman, and Kennedy 25-36) The city tried to have the suit dismissed, saying that they were not deprived of their freedom. They could still send their message through radio, calling, leaflets, and rallies. (Alderman, and Kennedy 25-36) The Klan won their case and for settlement, the show was reinstated, and that their freedom of speech rights were protected. Their first show was broadcasted April 3, 1990. (Alderman, and Kennedy 25-36) About a year later Reverend Cleaver became mayor and cancelled the show. (Alderman, and Kennedy 25-36) August of 1969, Abe Bloom and Arthur Waskow were spending a lot of their time planning a demonstration against the Vietnam War scheduled for November 15 in Washington D.C. Bloom was the treasurer for New Mobilization Committee to End the War in Vietnam (New Mobe.) Waskow was a member of New Mobe Steering Committee. (Alderman, and Kennedy 71-88) New Mobe’s biggest challenge was to get the local black community involved in the cause. At the time blacks were struggling to achieve decent housing and job opportunities. They blacks believed that the white community was more concerned with what was going on over seas instead of what was happening at home. There was a clear difference in priorities. (Alderman, and Kennedy 71-88) The New Mobe was able to recruit local black leaders such as Eaton and Julius Hobson. Hobson was one of the most prominent black leaders to oppose the Vietnam War. Along with Mrs. King, he was scheduled to speak at the New Mobe demonstration. (Alderman, and Kennedy 71-88) The New Mobe was excited to have the Black United Front (BUF) participate. Some members of the BUF, including Douglas Moore,believed that Washington, D.C., a city with mostly black people, spent too much of its resources on white demonstrators. The huge protests, organized by white groups, required extra work of city administrators, traffic control, police, and the department of sanitation. Moore had suggested that New Mobe donate money to the black community to offset the expense of the demonstrations. (Alderman, and Kennedy 71-88) In August, the BUF set up a meeting with the New Mobe Steering Committee to discuss Moore’s proposal. Both Abe Bloom and Arthur Waskow were in attendance. Moore suggest that the New Mobe pay a “head tax.” This immediately created split in the New Mobe because all the people were participants in various civil rights activities. (Alderman, and Kennedy 71-88) Freedom to Assembly: Hobson v. Wilson Julius Hobson opposed the plan, but Waskow believed it had “merit,” urging New Mobe to debate it. While this was going on Bloom received a letter from Reverend Moore demanding that New Mobe make a payment of twenty-five thousand dollars to BUF. All at New Mobe found this offensive, but agreed to negotiate. However, Reverend Moore was not the real author of the letter. (Alderman, and Kennedy 71-88) The FBI had written the letter as a part of a secret counterintelligence program known as COINTELPRO. The agents assigned were directed to investigate groups perceived as dangerous, and use disruption and harassment as a means to keep the groups from achieving their goals. Antiwar and civil groups were targeted by COINTELPRO. (Alderman, and Kennedy 71-88) COINTELPRO consisted of two branches. The New Left was supposed to expose disrupt and neutralize antiwar groups. The Black Nationalist was established in response to increasing militancy in the civil rights and black power movements. Both groups were kept secret. The rift over the head-tax issue between antiwar activists and the black community was tailor-made for the FBI. An airtel outlining the controversy was sent to the FBI. If the New Mobe did go along with the demand, then they could be accused as racists. (Alderman, and Kennedy 71-88) In September, New Mobe was informed that Hobson would not speak at the demonstration if head-tax was collected. The FBI drafted a news release to be provided a week before the demonstration called “Members of the BUF Express Shock at Hobson.” The FBI believed that this would embarrass the group, and cause Hobson to resign from the BUF, because everyone would have discredited him, because he would be a “Uncle Tom.” This was a complete fabrication. (Alderman, and Kennedy 71-88) Doug Moore, who was unaware of the letter sent to Bloom, was waiting for a response of his proposal of head tax. Instead he received a yellow leaflet, with a black monkey on the front, title “Give them Bananas!” It was signed from “Sid,” who Moore believed was Sidney Peck, a member of the New Mobe. This created a hostility between the groups, this of which the FBI needed in able to perceive them as dangerous. (Alderman, and Kennedy 71-88) The demonstration went on as planned, Hobson was disappointed at the lack of black participants. It is hard to say if things would have been different between the two groups. The hostility was traced back to the head tax. The FBI still was able to capitalize on this, sending anonymous memos and designing fake press releases, trying to split the New Mobe leadership. (Alderman, and Kennedy 71-88) March 9, 1971, and FBI field office in Pennsylvania was burglarized. The culprit stole documents headed with “COINTELPRO- New Left.” Then in April Hoover sent a memo terminating all COINTELPROS. (Alderman, and Kennedy 71-88) Their existence was not known for four years until coverage was made that agents used electronic eavesdropping, and monitoring of bake accounts. While reading the newspaper, Bloom and the Hobsons realized that they had been in organizations targeted by the FBI. They got together with Eaton and Waskow, to file a law suit. (Alderman, and Kennedy 71-88) The complaint was filed July of 1976. However, because COINTELPRO was so secretive, they did not have specific evidence about the extensiveness of the program and who was responsible. (Alderman, and Kennedy 71-88) Eventually five men were charged because their initials appeared on FBI documents relating to COINTELPRO. The district of Columbia and members of the Metropolitan Police department were also sued. The plaintiffs believed they conspired with one another, violating their First Amendment right to “peaceably assemble and petition the government for a redress of grievances.” (Alderman, and Kennedy 71-88) The Supreme Court recognizes that protecting individual rights is easier in times of stability and social harmony. It is more difficult in times of crisis, but that is exactly when these groups assemble, when the rights must be protected. (Alderman, and Kennedy 71-88) From the basic right of assembly, the Supreme Court developed the concept of freedom of association, the right to join with others for the purpose of political expression. This is what Hobson, Bloom, Eaton, and Waskow claimed to be doing. (Alderman, and Kennedy 71-88) Under a recently passed Freedom of Information act, the plaintiffs suspected they had been under surveillance, it was only upon receiving the files that they were sure. While investigating the plaintiffs found that their phones had been tapped, their bank accounts were monitored, friend and neighbors were questioned. In addition, background checks were ran on Tina Hobson because interracial marriages were still frowned upon. (Alderman, and Kennedy 71-88) Throughout all the pages, COINTELPRO was not mentioned, because huge passages had been deleted. Under it all, investigators found a completely new world of surveillance, and had found that the plaintiffs were too researched. (Alderman, and Kennedy 71-88) After filing the lawsuit, Hobson found he was targeted because he had shown great propensity for violence. According to the plaintiff’s attorney, this affected the parties involved emotionally and physically. They defendants also violated First Amendment Rights. (Alderman, and Kennedy 71-88) The defendants argued that they were unfairly selected, chosen because of their position rather than their actions. They argued that the FBI itself should have been sued rather than themselves. (Alderman, and Kennedy 71-88)

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