"FCC vs. SFLR:

Round One Ends Inconclusively!"

San Francisco Liberation Radio

On Friday April 30th San Francisco Liberation Radio had our first day in
court. The matter we were debating was very specific and only touched on
all the deep constitutional issues which are at play,
instead it focused sharply on the simple process by which the FCC gained an
entry and seizure warrant. The use of a system set in place for ships full
of illegal booty at port is neither applicable to our
situation, nor respecting of our rights and the Government has at least two
other avenues to enforce the low power FM rules. Our lawyer representing us
to the judge, Mark Vermeulen, deftly presented
this razor thin argument while also touching on the constitutional issues to
emphasize the gravity of the situation and the necessity for us to have our
voices heard in court before our equipment is
seized.

The judge was ready to rule against us at the outset saying as much
and adding that she had read everything we had filed and all the statutes
and had concluded that we have no case. "Of
course it is easy to get that impression if you read the statutes" Mr.
Vermeulen started out. The argument he presented was impeccably researched
(no doubt with the help of our four other lawyers
present Peter Franck, Alan Korn, Kate Alfieri, and Ben Rosenfeld),
hard-hitting, and very focused while also retaining a level of humanity and
real rapport with the judge.

The US Attorney, Sara
Winslow, representing the FCC was not quite as engaging or thorough. She
presented her case very simply, however not so much responding to the very
specific point we were raising and sticking to the
larger constitutional issues and the rights we don?t have to broadcast based
on several Supreme Court cases. Our lawyer got up once more and rebutted
her argument driving home the backdoor nature
of the warrant the FCC got to enter and seize property from a private home.

That Judge Susan Ilston left — without making a ruling after initially saying
she was ready to rule against us — is a minor
victory and a testament to Mr. Vermeulen'?s presentation; we patiently await
her decision. Thanks to all who showed up!

Please email us if you have any further questions or would like an interview
with an organizer at the station!

Award winning San Francisco Liberation Radio 93.7 FM
RAIDED! But back fighting the legal fight AND...
avaliable on the internet at liberationradio.net