PIECING TOGETHER TRUE HISTORY
of CPB & Congressional Oversight
of §396(g)(1)(A) requiring “strict adherence to objectivity and balance
in all programs or series of programs of a controversial nature”

1975
Accuracy in Media, Inc. v. Federal Communications Commission and United States,
521 F.2d 288 (D.C. Cir. - October 16, 1975), cert denied, 425 U.S. 934 (1976)

ISSUE: complaints filed with FCC alleging violations of Fairness Doctrine & §396(g)(1)(A)
RULING: FCC has jurisdiction over the Fairness Doctrine, but not over §396(g)(1)(A),
whose responsibility rested with CPB, to which it was directed, & to Congress

"We leave the interpretation of this hortatory language to the Directors of the Corporation and to Congress in its supervisory capacity. We hold today only that the FCC has no function in this scheme of accountability established by §396(g)(1)(A) and the 1967 Act in general other than that assigned to it by the Fairness Doctrine. Therefore, we deny the petition for review and affirm the Commission's decision rejecting jurisdiction over the Corporation for Public Broadcasting."
Also see fn31, 32 for legislative history

AIM archive document -- Dec 1972

1977
The Network Project, et al. v. CPB, PBS, ...Pat Buchanan
561 F.2d 963 (D.C. Cir 1977), cert denied, 434 U.S. 1068 (1978)
District Court decision -- July 23, 1975

ISSUE: a cause of action
RULING:
"We hold that private rights of action are not part of the machinery devised by Congress for control of CPB's activities"

1978
Community-Service Broadcasting of Mid-America, Inc. v.
Federal Communications Commission and United States of America,
593 F.2d 1102 (D.C. Cir. 1978), en banc (9 judges))

ISSUE:  challenge to Federal Communications Act 399 & rules promulgated pursuant thereto by FCC, requiring any noncommercial educational TV or radio station that receives federal funding to make audio recordings of all programs in which any issue of public importance is discussed -- to be maintained for 60 days & made available at cost to any person who request them.

GO STRAIGHT TO TWO DISSENTING OPINIONS Of 4 JUDGES
at pp. 1135-1150 -- Dissent by Circuit Judge Harold Levanthal,
joined by Circuit Judge Edward Allen Tamm
p. 1150-1154 -- Dissent by Circuit Judge George MacKinnon,
joined by Circuit Judge Roger Robb

1984
FCC v. League of Women Voters of California, 468 U.S. 364 (1984)
fn.7 -- Community Service Broadcasting...

1987

“…in March 1987, the [CPB] board had rejected board member Richard Brookhiser’s proposal for a study of ‘balance’ by social scientists S. Robert Lichter and Linda S. Lichter, then at George Washington University. The Lichters did their study anyway, in 1988, and they released it in March 1992, when a CPB funding bill was pending in Congress. The content analysis, published by their Washington-Based Center for Media and Public Affairs, found that 225 public TV documentaries aired in a year ‘tilted consistently in a liberal direction.’
The documentaries, according to the Lichters, revealed a liberal agenda"
"A History of Public Broadcasting"/CPB-Current, at p. 80

FCC abandons "Fairness Doctrine"

1992
Public Telecommunications Act of 1992
595-596 
"Section 19: "Objectivity and Balance Policy, Procedures and Report"

1992 Public Telecommunications Act info from CPB website   xxx

your feedback - CPB 

1999
June 30, 1999, July 20, 1999 hearing
House Commerce Committee Subcommittee on 
Telecommunications, Trade, and Consumer Protection
(below Tim Graham Testimony at p. 128)

Tim Graham testimony -- Media Research Center
"...systemic failure of congressional and CPB oversight of public broadcasting. 
... In its confused standing as a 'private corporation' that distributes billions of tax dollars,
CPB does not answer to the Freedom of Information Act. In its current form, CPB sees itself
as a 'heat shield'-protecting the public broadcasting system from the scrutiny of Congress or the people it represents.
Even the most extreme cases of outrageous content have drawn only inaction from CPB. ...

2005

April 2005
Charter Establishing the CPB Office of the Ombudsman

April 11, 2005
"Two ombudsmen will assist CPB in oversight role"  (feb congressional hearing)
Current (Jeremy Egner)

May 2, 2005
"Republican Chairman Exerts Pressure on PBS, Alleging Biases"
NYT (Stephen Labaton, Lorne Manly)

May 16, 2005
Stay tuned for balance debates - Current

May 17, 2005
Making PBS as "fair and balanced" as Fox
Salon (Eric Boehlert)

July 20, 2005
VIDEO:  Kenneth Tomlinson
C-span (Brian Lamb)

November 15, 2005 Report
"Review of Alleged Actions Violating the Public Broadcasting Act of 1967, As Amended"
see Chapter III "OBJECTIVITY AND BALANCE"
p. 7:  "Our review of the legislative history clearly shows that CPB has the statutory authority to conduct regular reviews of national programs for objectivity and balance, however, CPB never developed specific procedures for conducting such reviews or established agreed upon criteria for measuring objectivity and balance..."

Nov. 15, 2005
"Report Says Ex-Chief of Public TV Violated Federal Law"
NYT (Stephen Labaton)

Nov. 15, 2005
"The CPB Investigation"
PBS

Nov. 18, 2005
"Remarks by Representative Steve Rothman on The Importance of CPB’s Oversight Obligation"
CAMERA

November 21, 2005
"CPB ombuds give minor attention to balance"
Current (Jeremy Egner)

"Probe finds Tomlinson's unilateral actions at CPB exceeded chair’s authority"
Current (Jeremy Egner)

2006

August 30, 2006
"Broadcast Chief Misused Office, Inquiry Reports"
NYT (Stephen Labaton)

2008

August 6, 2008
"Press Release: Rep. Cantor Urges Public Broadcasting to Conduct Objectivity and Balance Oversight"
CAMERA

October 24, 2008
"Rep. Sherman Reminds CPB of 'Mandate for Objectivity and Balance'"
CAMERA

"Objectivity and Balance: Today's Best Practices in American Journalism"
Joel Kaplan/Syracuse University

2009

April 1, 2009
"CPB ombudsman details complaints"

2011

January 5, 2011
Ongoing push to de-fund pubcasting still generating notes to CPB ombudsman - Current

February 1, 2011
"CPB charters a single ombudsman"

March 7, 2011
"Time to Enforce Balance at PBS, NPR"
CAMERA -- Eric Rozenman 

June 6, 2011
"CPB announces new ombudsman"  (Joel Kaplan)

2014

2024
CJA's webpage for May 8, 2024 House Committee Hearing --
"Examining Accusations of Ideological Bias at NPR, a Taxpayer Funded News Entity"

2025
CJA's webpage for March 26, 2025 House DOGE Subcommittee Hearing --
"Anti-American Airwaves: Holding the Heads of NPR and PBS Accountable"

* * *

July 13, 2011
"Fairness Doctrine: History and Constitutional Issues"
Congressional Research Service   Ronald Regan Library

July 3, 2017
"The Corporation for Public Broadcasting: Federal Funding and Issues"
Congressional Research Service

May 23, 2025
"Public Broadcasting: Background Information and Current Issues for Congress"
Congressional Research Service

* * *

Wikipedia -- Executive Order 14290
fn. 21 -- fn.99 -- Community Service Broadcasting...

June 30, 1999, July 20, 1999 hearing
House Commerce Committee Subcommittee on 
Telecommunications, Trade, and Consumer Protection
(below Tim Graham Testimony at p. 128)

Tim Graham testimony -- Media Research Center
"...systemic failure of congressional and CPB oversight of public broadcasting. 
... In its confused standing as a 'private corporation' that distributes billions of tax dollars,
CPB does not answer to the Freedom of Information Act. In its current form, CPB sees itself
as a 'heat shield'-protecting the public broadcasting system from the scrutiny of Congress or the people it represents.
Even the most extreme cases of outrageous content have drawn only inaction from CPB. ...

* * *

July 2005 hearing, referred to by:
November 21, 2005
"CPB ombuds give minor attention to balance"
Current (Jeremy Egner)

* * *

CJA's webpage for May 8, 2024 House Committee Hearing --
"Examining Accusations of Ideological Bias at NPR, a Taxpayer Funded News Entity"

* * *

CJA's webpage for March 26, 2025 House DOGE Subcommittee Hearing --
"Anti-American Airwaves: Holding the Heads of NPR and PBS Accountable"

----

NPR PUBLIC EDITOR

August 9, 2013
S. Dakota Indian Foster Care 1: Investigative Storytelling Gone Awry
NPR Public Editor

PBS OMBUDSMAN/PUBLIC EDITOR

February 10, 2005
PBS to Review Editorial Standards for On-Air and Online Content 

PBS | Ombudsman | Mission & Approach

June 2005
PBS | Ombudsman | Mission & Approach

Ombudsman Getler

April 24, 2017
A Farewell to Viewers, and Readers, Like You

September 20, 2017
Re-Introducing the Public Editor
madhulika sikka

March 16, 2018
Former PBS ombud Michael Getler dies at 82 - Current

-----------------

CURRENT

March 12, 2012
Ombudsman seeks details on WAMU ‘meet the producers’ event

August 13, 2013
NPR ombud sharply criticizes acclaimed 2011 investigative story - Current
Current Andrew Lapin

January 15, 2018
Report: Most Americans don't cite NPR, PBS as objective
Current (April Simpson)

---

May 1, 1969 hearing Senate Commerce Committee
Fred Rodger's testimony 

congressional info

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