THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, June 28, 1996 TAG: 9606280451
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
LENGTH: 37 lines
How far is too far in drive-time radio humor? A 1990 Richmond case tested the limits. It has been cited by both sides in the Griffiths vs. Del Toro case.
The case of Freedlander vs. Edens Broadcasting involved a parody of the Chuck Berry rock classic ``Roll Over Beethoven.''
Disc jockeys at WRVQ wrote new words lampooning a bankrupt Richmond man who was being sued for fraud and reportedly was under investigation by the FBI.
The song began: ``I'm gonna write a little letter, Gonna mail it to my local D.A. I wanna find out when they're gonna lock this money jockey away. Roll over Freedlander, It's about time you pay.''
Freedlander sued for slander. He lost.
Federal Judge Richard L. Williams wrote, ``Humor is a protected form of free speech, to be protected as much, under appropriate circumstances, as political speech, journalistic exposes, or religious tracts. . . .
``In cases involving comedic expressions, courts must examine the challenged statement in light of its content, its effect on its audience and the context of its delivery.''
In this case, Williams wrote, the lyrics ``were intended to amuse, rather than to injure.''
Williams said ``the nonsensical nature of the lyrics would have alerted even the most careless (listener) to its comedic intent.'' Also, ``The song was allegedly published during the station's morning comedy and music show, the `Q Morning Zoo.'
As such, it is impossible to believe that a (listener) would have perceived the song to be anything else than irrelevant and irreverent social commentary. humorous.''
A Virginia Beach judge will decide how closely this case resembles the Griffiths case. by CNB