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Decision to Take Kennedy's Program Off the Air a Sound One
4/6/2004
PEGASYS, the Public Educational Governmental Access System, is Enid’s public-access television station.Notice that nowhere in the acronym is the word “commercial.” That is the reason the PEGASYS board of directors voted last week to suspend a program produced by Tammy Joy Kennedy. Board members determined Kennedy’s program, “Red Fuzion,” contained commercial content and thus could not be broadcast by the public station. The decision was made after a review of the program and discussion of an appeal Kennedy filed over her suspension. Kennedy was not present at the board meeting because she was meeting with her attorney preparing for a court hearing in another matter. Her mother read a prepared statement to the PEGASYS board asking for the vote to be postponed until its next meeting. The board, which already had postponed its vote once, because new board members had not reviewed the video, voted 7-4 not to table the matter again. Kennedy’s statement contained information alleging she is the victim of politics. She blamed “corrupt” city officials and said, “I’m being punished on a daily basis, because politics is what it is.” The board has the right, and a responsibility, to exclude programming it finds to contain commercial content. We support the board’s decision. PEGASYS’ mission is to inform and entertain, not to help sell goods and services.
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Comments
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Tammy
writes:
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"Maybe the next time someone ELSE crosses the line on the commercial aspect people will uprise in revolt over the double standards shown in the City of Enid. Dr. Timothy Teske, on 'Medicine on Call', Bob Maly’s programming, was guilty of the comment: 'The Gloss Mountains kept the hospital in BUSINESS'. There are others. Dr. Bill Pennington was guilty of the comment on 'Faculty to Know ...': 'That's a wonderful ADVERTISEMENT for your class...' speaking to a teacher that we all know gets paid at the end of the pay period. My guilt was offering to treat the kids for free and then when a question was raised by an 18-year-old about how he was FREE the subject of bartering was raised as an answer. This bartering was not FOCUSSED upon, it was an ANSWER to a QUESTION. Now if that's not INFORMATIONAL I can't imagine what is. Or should we assume that NWOSU, the Gaslight Theater, the hospitals in the area, and others, aren't selling goods and services?! Does anybody else see this yet? Corruption, it runs deep in Enid."
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elcox
writes:
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"Oh, good grief. Here we go again. Commercial really needs to be defined by you folks. What was commercial? The fact that she said that her services was free to minors? The fact that this some how implies that she charges for her services for people who are not minors? It was debated before that if Gaslight can say 'For ticket information call' and give a phone number, it would appear much more like commercialism than saying minors are free. Oh, yes, someone had detailed knowledge of the show and said that Tammy mentioned 'bartering'. Again, no mention of fees or money changing hands. How this can be commercial is beyond me. It was said that Pegasys 'interprets' its rules and said 'rules are not black and white'. That was countered with the fact that once a precedent has been set then others must be held to that same standard if things are to be fair to all. Good luck on that one. You guys are just incredible. The logic really is lacking in this whole escapade. Please, if you can make a blanket statement like this, you must back it up with some real reasoning. That would be interesting to see. We are waiting..."
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Lullaby
writes:
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"How long was this woman's show on the air? It's funny how they JUST NOW decided that it was 'too commercial' at the same time that this woman is going to court. Coincidence? Not likely. And it isn't the entire staff of Pegasys. There are only one (maybe two) people at fault. Pegasys needs to do some serious restaffing."
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Another perspective
writes:
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"The PEGASYS thing is a different issue than the Chiropractic board thing, but yes, the two are connected. Yes, Tammy is right in that there is often a fine line between what is 'selling' as a commercial and what simply is 'promotion.' PEGASYS has explained to her the difference, yet still she tends to go over the line, which she apparently likes to do in a number of ways. I've seen the show, and find it really odd. However, if she simply produces the show as an 'informational' showing her technique, etc. without giving prices or encouraging people to call her, she'd be safe. All she had to do is abide by the rules. However, the recent temporary injunction ordered will mean she won't be doing any kind of Red Fuzion shows for awhile."
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Interested observer
writes:
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"First (according to Kennedy) it was the chiropractors who were against her, then the medical doctors, then the city commission and Carol Lahman, then the PEGASYS board, now it is the PEGASYS staff and other community producers!!! She keeps trying to find someone to blame, instead of taking responsibility for her own violations. It's just sad. While my heart goes out to her at the loss of her daughter, the PEGASYS issue is completely separate. The PEGASYS Board has made a decision, and it is final. She needs to accept it and move on."
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Clearing up the facts
writes:
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"1st: PEGASYS didn't just now make it's decision. It was made several months back and Kennedy kept appealing it. At each step of the process her show was found to contain commercial content. 2nd: The decision by PEGASYS has nothing to do with her practice. She could spin around until she passed out and call it heart surgery. The decision was based on her program containing commercial content. 3rd: Tammy is not the only person to ever be suspended by PEGASYS for this reason. She is not being picked on and the only conspiracy is in her head. Tammy could get on PEGASYS and complain about the city, the chiropractors, and even PEGASYS if she wanted. It's there to provide a voice for the community. Not to advertise your business."
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Tammy
writes:
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"Well actually, 'clearing up the facts', members of the PEGASYS board have already voiced the opinion that if I were to redo my 'Red Fuzion' program and rerun it without the so-called commercial content, that they may eventually find that my programming was inciting because I had dared to name the doctors that were in charge of August's care when she died. And the judge ruled as he did yesterday primarily because he was concerned about public safety, instead of spending more time investigating the safety nets built into the work for himself. I was in a position as one who had worked on the DOCTORS to let this judge see for himself the benefit of what I could deliver. But as we can see, I hope, obviously, the healing arts are exclusive to only those who have a license in the established fields and for some reason these fields are currently held to supposedly know all the answers. And, the public safety issue ... well that's just a smoke screen ploy of the, yes, conspiracy process. And if I get on television and criticize the, yes, conspiracy process, then I will be the star of the show and my mother will be the director and producer because after all, she has no major violations yet. So as you can see, there is always a way around the problem; it is unfortunate that the powers that be don't just grow up and create less problems. And finally, I would like to say that since I am not now allowed to make a living on what I know and did show in the ‘Red Fuzion’ program for the benefit and education of the public, that it would be interesting to know the opinion of the PEGASYS board as to whether or not ‘Red Fuzion’ would be deemed commercial if it were run in its entirety and placed inside a larger commentary explaining the events to date. After all, I am not allowed to work and make a living on my grandfather’s work, and thereby cannot logically advertise on PEGASYS by broadcasting the program now. Oh, but then we might hear about how I’m breaking the law even though what I did was previous to the courts ruling. Are we learning yet?"
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elcox
writes:
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"Another perspecitve, Interesting post you have written. That would make sense wouldn't it. If Tammy had said anything about pricing or encouraged people to call, that would be commercial. I beg to differ with you, in that you must not have seen the program, or paid much attention to the details. The point is that there was nothing obvious or blatantly commercial. Tammy merely said minors are free and responded to a question by a person over 17 about how she does accept bartering as payment. This not commercial. Anyone on the Pegasys board want to chime in here on their ruling and what they considered commercial? Awfully quiet, aren't they?"
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elcox
writes:
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"Oh, and I thought it was interesting that there is no author noted to this editorial. Coincidence or intended I don't know. I wonder who the 'we' is in who supports the board decision. Must not be the board, or they would say we support 'our' decision. And the 'we' must entail multiple parties. And who are these people who can make the decision if it is sound or not? What kind of prerequisit do they have to make this judgement? Just pointing out some questions that are real glaring. Sorry guys, this person at least will not just take your word as gospel because I have read it in print."
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Quiddy
writes:
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"No Tammy isn't being 'picked on'...but Peg can certainly be quick on the draw. Peg would not continue to air something that was in violation, that would be poor business skills. I've seen the show. I find it/her odd (like most things on the station). But the point is, I think Pegasys is reacting to unfavorable judgement from certain people in the community. I found nothing commercial about her show. It's all irrelevant though. Peg. has the right to terminate a program at any time if it is in violation. The defense is weak and comes across as desperate."
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Editorial board policy
writes:
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"The editorials are approved and written by the editorial board, the 'we' in the editorial. The editorial board members are listed above the editorial in each day's newspaper."
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A good offer?
writes:
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"Tammy, You stated that PEGASYS offered you a chance to remake 'Red Fuzion' without the commercial content. If so, PEGASYS' offer is one in good business practice taking all parties in consideration."
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elcox
writes:
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"Okay, editoral policy, this is not evident to anyone who reads your paper online, so I still don't know who those people are. Still don't know if they have actually veiwed the program so that they can actually make any judgement on their own merit or are meerly scratching someone elses back to help them appear more legit. And we have still yet to hear EXACTLY what this board deemed commercial. If I am wrong, then someone needs to come and point this out because if you are a thinking person it is getting obvious that what I say is true because there has been no rebuttal on the boards part. They are remarkably quiet. Kind of like a certain medical examiner who has had questions raised to her about specific cause of death and blatantly chose to not answer those questions. If something is presented in a logical fashion and there is a calculated decision to not answer those questions, it would appear it is because they are afraid to incriminate themselves, would you not agree? Oh, and is it common for the editorial board to write it's own editorial for the day? What is all that about? Again, seems like someone is being used by someone higher up. Enid News and Eagle seems to be just another game piece used by some of the higher ups in this little game we are playing. How sad."
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Cindy Allen
writes:
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"Ms. Cox: Members of the editorial board are Cindy Allen, Jeff Mullin, Kevin Hassler, Violet Freeze and Jeff Funk. As for our editorial, we have reviewed all the information provided to us by Tammy Kennedy and PEGASYS regarding this case. We are also following all facets of this case and have interviewed a number of parties involved, including Tammy. In our judgment, the PEGASYS board acted correctly in their decision to pull the program. You are free to disagree with this opinion by writing a signed letter to the editor of no more than 300 words for possible publication in the print edition of the News & Eagle."
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elcox
writes:
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"Dr. Ms. Allen, It is not my desire to write an editorial to share my opinion. I have done just that. It is my desire to have the fine people of Enid and other Pegasys members to know what was deemed commercial about this program. I do not understand what the problem is with answering this question. If there is sound logic and reasoning to the ruling, then it should be an easy question to answer. Why not share this with others so that it will be clear for those who produce programs so that their programs will not be found guilty of the same? Because of course, now all programming must be held to this same standard, right? This is only a request for real information and I do not unerstand why it should be so secretive. Now that it is evident that you and your colleagues are knowledgable about the facts of the case, you should be able to shed some light on this. Please, I await your reply."
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elcox
writes:
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"Well, it is apparent that this is not going to get settled in public, even though it is admitted there is a fine line with room for interpretation what is commercial and what is not. No wonder Tammy seems a bit paranoid sometimes. The poor girl, the normal routes of getting your voice heard has been ripped from her hands such as public broadcast television and a non-biased paper and editor that is willing to put the facts out there in public even if it may go against some 'important' people's opinion/agendas in town. I would be feeling a bit frantic to be heard too. Love ya Tammy!"
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Tammy
writes:
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"Thank you Sis (elcox - Earline Lynn Cox). And I don't mind people knowing this fact. She is also VERY well educated and an EMERGENCY ROOM nurse herself, if anybody is interested. The reasoning behind the PEGASYS board's decision was that because I had mentioned the barter system, that I obviously respect, that constituted a request in some way because I 'encouraged people to come to me'. I feel that this is an extremely fine line and contend that I was simply answering a question which would make the comment informational. Obviously the board and I disagree on this matter and I will be handling this as I see fit. I encouraged the PEGASYS staff just today to potentially set up some guidelines in order to allow for the 'gatekeeping' event to take place by anyone who might request the board's expert opinion previous to the circus show. The simple fact is that although the First Amendment is said to be the freedom of speech, etc., sometimes there are twists and turns in the process as you can obviously see at this point. The REASON why this whole thing started though, is because Dr. Timothy Teske didn't want his name mentioned in conjunction with August's death. And yes, he is the documented force that is behind the attack on 'Red Fuzion', and perhaps, even the actions of the Board of Chiropractic Examiners. I will be happy to supply the editorial staff of the paper with the letter written from Carol Lahman to myself in regard to this mentioned PEGASYS issue if they need clarification as to the validity of my claim."
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