Lynn v. Sekulow

PBS Should Have Been Tougher About Religious Programming

Wednesday June 17, 2009

A breathless nation awaited yesterday's decision by the PBS board about whether to actually require its member stations to adhere to a basic rule.  OK, maybe it wasn't exactly the whole country holding its breath, but a handful of people were interested.

The PBS board met to decide whether member stations must actually follow bylaws passed in the mid-l980s. These bylaws stated that those stations receiving PBS programming should not air partisan, commercial or sectarian programming. For 25 years, the board has turned a blind eye to enforcing its restriction on sectarian programming, but after yesterday's vote, no longer. 

Stations will not be allowed to carry sectarian programming from here on out or they will lose their membership status, the board said. (This means that those stations would not have access to popular shows like "Sesame Street" and "The News Hour.") That's a good decision. There's no reason for PBS stations to show proselytizing or evangelistic programming, particularly with the explosion of television channels available in recent years.  With PBS paid for partly with taxpayer dollars, it's perfectly defensible constitutionally to forbid religious programming. And with plenty of other broadcast opportunities for religious programming, PBS is by no means required to provide them a forum.

That part of the PBS decision makes sense. What doesn't make sense is that PBS has also decided that the six stations that violated those bylaws by airing religious programming may retain those programs. It's as if they are rewarding the stations who have broken the rules. For example, WLAE in Louisiana, which broadcasts a daily show sometimes referred to as "Mass for Shut-Ins," and a Utah station that broadcasts regular Mormon religious programming, not only get by unpunished, but now receive a special exemption from the rule.

Some would-be religious providers could now argue that the PBS board has shown special preference to some religious groups over others.  Indeed, they could argue that religious scofflaws who ignored the rules now continue to benefit from their past actions. 

It is not some act of government censorship to tell "educational" stations that they have to avoid the promotion of candidates for office, commercial products, and sectarian viewpoints.  This is not viewpoint discrimination; it is a flat prohibition on whole categories of programming.  First Amendment analysts have long understood the difference between favoring viewpoints ( Catholicism over Methodism) and carving out whole areas of content which are not appropriate for government-supported activity.

So now that the board did not adopt a hard and fast "no means no" rule, I imagine that other groups will in fact start demanding access.  We'll see what happens.  However, don't be too surprised if "Daily Dervish Dancing" or "Praying With Presbyterians" pops up instead of "Antiques Roadshow" sometime when you least expect it.

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Comments
Boris
June 21, 2009 3:49 PM

Cara,
Obviously you don't know anything about sex then. You think sex is icky don't you?

Evoluted1
June 21, 2009 5:23 PM

I don't deny what made me a human being, and am generally grateful to my creators, my mother and father. I celebrate my Birthday every year, not my day of conception. I don't recommend marriage to anyone, but wholeheartedly support abstinence for the masses(many have little choice in the matter, and the others don't listen!).

Your Name
June 21, 2009 7:24 PM

Maybe PBS could have yet another discussion of whether abortion is a religious issue or a secular issure? Wait, does that violate their new rules?

It is most certainly not, IMO, a religious issue. And like Evoluted1, I celebreat my birthday, and my creators..my parents. I'd have a hard time celebrating my "conception" date!

pagansister
June 21, 2009 7:26 PM

OOPS, above at 7:24 PM was me, pagansister.

Your Name
June 21, 2009 9:56 PM

No, Boris I don't.

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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