Big local media day
Published by Mike Stark March 16th, 2006 in Podcast, Andrew Wilkow, UncategorizedThis morning Albany, NY and the Capital Region woke up to find my mug staring back at them from the cover of the region’s alternative weekly, Metroland. The article gave a run down of my past local activism (mostly calling Albany’s mayor on his Friday morning radio show) and then, much more in depth, what I am doing with callingAllWingnuts.
At 7AM this morning, I was on a local FM station, PYX 106, talking about the O’Reilly effort. A coupla interesting things came out of that visit…
First, the substance of our conversation: I had to defend what I was doing against loofah-boy… that surprised me. But I think I did OK. Some people will see things differently and I can deal with that, but I am absolutely convinced that the propaganda that is talk radio in America must be attacked at every turn. And if we can make the fuckers that have done so much to destroy political discourse in this country look like asses, well, I’m all for it. And I’m not gonna stop.
It was all I could do to avoid summing up my argument with a big, fat, “Blow me,” directed at the guy that told me to go get my own 10 million listener show. This shit is happening here and now… today. I’ll take the fight to them every fucking time…
The other thing I learned from today’s radio experience was even more interesting. You’ll here Wolf, right in the beginning of the segment, mention that we can’t talk about Wilkow. Wilkow, you see, is also on Clear Channel and broadcast out of the same studio center that PYX 106 does.
So Ellen started talking about Wilkow right in the beginning. I was ready to have a lot of fun… But Wolf cut her off and said that we couldn’t talk about Wilkow - he’d tell us why later - that we should focus on the O’reilly thing… so that’s what we did.
The segment finishes and as I’m leaving, Wolf tells me that we couldn’t talk about Wilkow because Clear Channel was in the process doing something in the legal arena in an effort to stop what I’m doing…
I don’t know where this is going, but I think a bumpy ride might ensue. Who knows, maybe that 10 million listener radio show might arrive for me sooner rather than later. How much is Clear Channel worth, anyway?
Any lawyers out there that want to hear the facts? Email me: stark.m@gmail.com.
(sorry about the sound quality… but you should be able to make out the conversation with no problem…)
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Continue on with your efforts, Mike. You are doing a wonderful job.
Anyone who defends O’Reilly needs to be confronted. Is this comment, made by O’Reilly on March 8th acceptable to the country? I don’t think so.
“You know, in a sane world, every country would unite against Iran and blow it off the face of the earth. That would be the sane thing to do.”
Link: http://mediamatters.org/items/200603100008
Please join Ad Nausea and let O’Reilly’s advertisers know what you think of his comments. http://www.adnausea.org
As well, Let WESTWOOD ONE know what you think of O’Reilly’s remarks:
http://www.westwoodone.com/pg/jsp/general/contactprogram.jsp
Westwood One: is managed by CBS Radio Broadcasting Corporation, a wholly owned subsidiary of Viacom Inc.
Peter Kosann
President and
Chief Executive Officer
212.641.2037
peterj_kosann@westwoodone.com
The big foot….nice.
I was, however, surprised to see that those William Perryesque shoulders featured on Countdown were just a ruse to protect the innocent.
But seriously, it was a very nice backgrounder and kudos to the guy, Rick Marshall, that wrote it as it seemed pretty darned fair and balanced to me.
.
Mike-
Make sure to let these guys know that they are LEASING the airwaves from the American people, and when you are on O’Reilly’s show or anybody else’s, that is YOUR microphone.
“Blow the rhythm”? That guy can go blow himself.
I love the way these crybabies want to snuff out anybody who doesn’t march lockstep with their twisted views. The former prosecutor who appeared on Olbermann’s show that day might be a good starting point if the Clear Channel thugs pursue you.
Disclaimer: I am not a lawyer.
Opinion: If they came after you, no jury in the world would convict you for anything, and I think you’d stand a good chance of going after them for malicious prosecution.
Did I mention that that guy can go blow himself? Surely he’s reading this.
Mike you have broken Florida law.
Florida (where Rush has his show) law says:
“Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981).”
“Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10.”
If I were you, you better get a good lawyer. You are a felon.
chuck2 - The guy is on the RADIO. It’s not a “private” conversation. He’s on the friggin RADIO, and has no expectation of privacy. Idiot.
>>>If I were you, you better get a good lawyer. You are a felon.
>>>>
Chuck_2 why has this got you so worked up? You really look up to these radio personalities or something? If so….that is just sad.
Hey I haven’t seen a post this real in a while. for real. this is a public confessional with what happened at my job today.
Pay guys to go take drug tests for ya. Cuz if i just thought of it then someone else’s gotta thought a’it so there’s got to be a market for it.
Now anyone that knew me would say that “wow he really doesn’t smoke as much.”?
Listen, smoking pot is my perogatory derivation and I’m not smoking cigarettes anyways and I know best my own health risks.
nexxt topic abortion conversation
Mike,
Hang in there, buddy. I had heard you call in to these various programs, but never put two and two together until the Metroland article yesterday. Don’t believe the hype from Bob Wolf — that guy is a friggin tool, and all the talk of legal action from Wilkow and Clear Channel is nothing more than Bob Wolf towing the line for his employer.
Keep up the good fight. I SWEAR to you I will donate as soon as my finances permit.
Be well, friend…
Comso
The law says nothing about ‘private’ or ‘public.’ calls. The language is very clear. If you are calling someone in Florida, and recording the call without their consent, that is a felony. That is fact. That is what the words say. Mike is a felon, it is THAT SIMPLE.
Chuck,
Thank you for the insightful wingnut legal advice. In other words, thanks for the buffoonery.
I call, and record, from NY. That pretty much kills the calim that the conversation took place “in Florida”…
And what’s up with that law anyway?
If you talk on the phone with somebody, you can’t “disclose” the conversation to anyone else. I’d like to see that law pass a 1st Amendment challenge.
chuck — If you are going to quote law then quote the law not plagiarize somebody else’s interpretation of the law.
Since I doubt you read the statute you might want to read
Florida Statute 934.03 section (h)
(h) It shall not be unlawful under ss. 934.03-934.09 for any person:
1. To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public.
Mike,
I would not be concerned about the threat of legal action.
First of all, if they are planning to do something, why tip their hand? That is just dumb. They were trying to scare you. Because you have them running scared.
Chuck is an idiot. The station records their own shows and how often do they tell you that? Can you sue them each time they play your discussions?
Keep up the good work and keep your head up. You know how “they” work. They’ll attack you and slander you. They’ll make up lies and stories, but that means you have them on the run.
The 934.03h statute would seem to indicate it is ok to record a radio call. However as far as recording that call and then posting it online without the permission of the radio show, I will continue to investigate the legality of that. Also, Mike’s conduct may be raising legal issues since he lies about his name and location on the air and then records and posts the calls online without permission.
Well, you finally have a chance to use your official Nancy Drew mystery solving kit, complete with magnifying glass, bubble pipe and Sherlock Holmes hat. Neat! Let us all know when you find a clue.
Why are you so snotty for? Can you make a constructive comment or are you so filled with hate for anyone who holds a different view from your own, that you cannot make anything but hate filled comments?
I will continue to investigate the legality of that.
A very Barney Fife moment there…
don’t mind them chuck2… keep up the good work
i think it’s nice having you around
“Also, Mike’s conduct may be raising legal issues since he lies about his name and location on the air and then records and posts the calls online without permission.”
Oh my.
You sound like an Angry Puss.
Is your real name “clark2″ or can I assume the “2″ was meant to throw us off? Last name Kent? Look! Up in the sky!
Ha! Just messin’ with ya.
You do sound like Hannity…kinda dumb and shrill–the runt of the litter, know what I mean?
Did you ever notice that chicken-hawks always have girlish, delicate hands?
Do you like to play soldier as well as lawyer? Falafel Bill does (play soldier, that is)…if he ever tells you that he’s “seen” battle, just let it ride. If you probe him on that “seen” part, he gets VERY snippy. If you probe him in other ways, however, I think he might like it. Did you ever read the complaint about him at thesmokinggun?
PRET-T-Y interesting read.
Anyway, where was I? Oh yes, what I was gonna say is this: I don’t want to see you pretending to be a lawyer ever again. For one thing, you’re not good at it. For another, you sound angry to me, and I can only guess the reasons why (more like mom than dad “down there”, right?…).
Now run along little fella.
Bob are you older than 5? It would be surprising but sad if you are. You respond to my points with a 5 year old level of comments. Name calling and making fun of people. Seriously, in the dictionary the word ‘immature’ has a picture of you next to it. If you want to comment on the substance of my posts, go right ahead. Use sources and back up your points with solid facts. Your immature, name calling, childish response just makes you look childish and pathetic.
MIKE -
MediaMatters also provides clips of radio gasbags. I think it falls under the “Fair Use” clause.
CHUCK2 -
Misdemeanors are not felonies, OKAY?
You and the callers are doing a great job, Mike - I can’t say enough about how important it is to bring this to the right-winger propagandists.
Like bullies they threaten. Like babies they whine and blame. Every day more people are figuring out these talk show “pundits” are empty sell-outs to a failed ideology.
Congratulations on this site and thanks!
I donated today, and I encourage everyone to do something to throw sand in the conservative noise machine.
Now clark2, I told you to stop pretending.
NOW you’re pretending to be the voice of reason. Gee, such a level-headed guy…that’s what you want others to think. You come across as flat-headed, however. Are you a member of the Flat Earth Society, by any chance?
Facts, facts, facts. Like the ones you pulled out of your ass, above?
No, I’m older than 5, twit. I’ll name-call loons like you all I want. In fact, when the elections of 2006 are over, sniveling brats like you will crawl back under the rotting logs from which you came. Your days are numbered, little one.
Now do as I say, and run along, before someone drops a house on you, like they did your sister.
Chuck2 Sez:”Also, Mike’s conduct may be raising legal issues since he lies about his name and location on the air”………….I guess we need to call in the troops to jail Dave Letterman. I doubt if those Top Ten lists really came from the home office in Omaha Neb. Or somewhere in Iowa. And speaking of names. Mike Savage doesn’t use his real name on his show. So,call in the troops. Deputize the wingnuts,let’s get those terrorists. Hell,why stop just there. We should jail every performer and/or every individual that has ever used a pseudonym on broadcast media. Hot damn! Look out men,we’ve got Madonna now! We gotta use all the resources available to stop the terra known as pseudonyms. And of course, the terror known as citizen calls (on their very own airwaves mind you) to radio TALK shows. The horror…..The horror. Thanx for fighting the tough battle and good fight Chuck2……Perhaps someday, they’ll name a town square in your honor.
Wow Bob. You are so full of hate for someone you have never met nor know. Very sad and disturbing. Why are you so angry for? Why so full of hate and anger? Very sad that you spend your limited years on this earth, mad, angry and pissed off at so many people.
Let clear channel come after you Mike
Lawyers will be lining up to take your case
Howard Stern killed fm radio…..you will kill wingnut radio
“the guy that told me to go get my own 10 million listener show”
So, essentially what he was saying was that, simly because the guy is popular, then he is right??? Wow, I missed that one in logic class.
Aww, poor little Wilkow must be gettin’ pretty scared to pull out the big legal guns if we see people like Chuck posting here…. uh oh, Mr. Wilkoward, please don’t look too closely at my Bill O’Rightsly
Mike, if the kitchen gets too hot for Wilkow, I’m sure you can find enough AM stereo substitutes to fill in for a while - but anyone who’s too curious is welcome to look in the disctionary under Wil-Coca-Cola-Kowardly. Mike’s supporters are Legion, fool! For further caselaw support, might I suggest investigating ChuckNorrisFacts.com?
Seriously, though, thanks for the laughs, Mike. Keep your finger on the redial button - and don’t be afraid to propose to advertisers. I’ve been listening to a lot of Ladytron lately (You have got to be the last one standing…) - if you need suggestions. My hero bartCop has Garbage’s Shirley featured everyday at the bottom of the page - maybe Mike can take on LadyTron? Or, you know, keep in in the Stark family with these guys - http://myspace.com/foreverstark .
I can’t wait to see ClearChannel cave and apologize and offer Mike a 90 minute slot each day. Jerks. Rock on, Mike.
Mike I don’t see what legal or civil statute anyone could come at you with. Not using your real name? How many in radio take on air names? Disagreeing with them on air? You’d be hard put to find any radio personality who would tell you their skills improved by speaking only with people who agreed with them.
It’s already been pointed out that radio airwaves are publicly owned, although, with the incoming digital bands and auctioning off of the public spectrum, that may change. People need to stay on top of that, but that’s a different subject.
Nothing quite like advocating genocide Billy Boy…
Ein Volk
Ein Reich
Ein O’Liely
Chuck2
I had some thoughts, forgive the terseness but I’m trying to be brief and accurate.
Just a warning too.. i’m not a lawyer, I just have reasonably high IQ and some common sense.
a) Mike is not a Felon because he hasn’t been convicted of a Felony.
b) According to the statute you posted, Mike would first have to be convicted of a Misdemeanor (first offense) before he could be convicted of a felony.
c) Mike does not reside in Forida, I find it doubtful that Mike would be extradited for a misdemeanor.
d) Not only has Mike not been convicted of anything, he hasn’t even been charged [see point a again]
e) The statute is designed to protect the privacy of closed-ended electronic communications and it is not at all rare across this country. It is also illegal to record phone calls in My state without the permission of both parties. This is why quality control on phone banks always warn you that you are being recorded. Unfortunately for the radio jocks, the law is designed to protect an expectation of privacy. There is NO expectation of privacy when the radio station is simultaneously broadcasting the very same call. There are plenty of precidents to this type of argument.. for example, many in-person converstions are also privledged, such as converstations between a person and their clergy/doctor/lawyer but that privledge is immediately removed if that conversation occurs in public. You can’t admit to your priest that you killed someone by standing up in church and yelling it to your priest and then expect that admission to be protected. Even the priest couldn’t claim privledge at that point.
f) It is NOT illegal to lie about your name or where you live in the United States unless you are swearing a legal oath or affirming your identity for contractual purposes. I’m perfectly within the law to walk the streets telling people I’m Jesus. It isn’t legal to take out a morgage or receive an official (government endorsed) Identification as Jesus however. So, until Rush Limbaugh convinces the Department of Justice to screen and affirm [provide security clearance] to all of Rush’s callers, Mike will be in the clear legally.
g) Parody is a specially protected form of free speech. Mike, in producing parody has extra first amendment protections.
That’s about all that immediately comes to mind.
ffkar.