Federal Judge Rejects First Amendment Claims as ‘Frivolous’

GLEN ELLYN–Shock jock Erich “Mancow” Muller dropped, with prejudice, the $3 million lawsuit he filed against Chicago decency advocate David Smith and Citizens for Community Values–after a federal judge rejected Mancow’s claim that Smith violated his free speech rights. 

In the suit, Mancow alleged that Smith’s repeated FCC indecency complaints against his show violated his First Amendment rights, a claim that was repeated in various media interviews. However, during the proceedings, Federal Court Judge David H. Coar concluded that Mancow’s First Amendment claim was “frivolous” and “insubstantial.” Judge Coar continued, saying, “I have not heard word one from anybody that would suggest that there would be a basis for the assertion of the First Amendment in this case.” He then remanded the case to state court, where Mancow voluntarily dismissed the case six weeks later. 

“I’m relieved that Mancow dismissed his lawsuit against me,” said Smith, the father of two young children and the new senior policy analyst for the Illinois Family Institute. “I hope he realizes that our goal was not to attack him personally but to expose and bring an end to his indecent broadcasts that were harmful to children and families. 

“To some extent we have accomplished just that,” Smith said. “Mancow has cleaned up his show by no longer airing ads for pornographic adult book stores and strip bars, and recent programs haven’t been nearly as sexually explicit as they were in the past.” 

Peter LaBarbera, Illinois Family Institute’s Executive Director, said, “We always knew that Mancow, by going after Dave, was simply trying to silence a good citizen. Thank God he failed. This is a big victory for concerned citizens like Dave who are sick and tired of lewd content on the airwaves, and want to use the procedures set up by their government to stop it. 

“The lesson is clear: stick to your guns and don’t be intimidated by multi-million dollar shock jocks with big wallets,” LaBarbera said. 

Smith said he will continue to monitor Mancow and other radio and TV programs for indecency, and “will not hesitate to file FCC complaints when it appears broadcast indecency laws have been violated.”