In 1987, two Missouri Knights of the Ku Klux Klan requested air time on Kansas City’s public television network to air their show, “Race and Reason,” which, at the time, was broadcast in nearly fifty cities. The show was known to discuss extremely racist and discriminatory ideas against almost everyone except white people. Kansas City refused to broadcast “Race and Reason” because it thought that the show might hinder the steps which had been taken to reduce racism in the city. The city also believed that its citizens would disapprove. Those residents were the very people who paid for the public television network, and because the town had a large population of black people, Kansas City felt it would be unwise to run the show. The city did not want to promote hatred in an increasingly accepting society, or lose business from residents of different races and religions.
Allan Moran and Denis Mahon, the klansmen who had requested the air time on Kansas City’s public channel, were angry and felt violated. After all, it was their first amendment right to broadcast what they wanted to say, and that Kansas City could not use that as a basis to deny them air time. They did not want their beliefs to be ignored in the public eye, and felt that the show would allow residents to understand their perspectives. If viewers did not like what they were saying, they could simply turn their televisions off.
Kansas City denied Moran and Mahon, first claiming that shows aired on the channel needed to be produced locally. So, the klansmen began to produce the entire show within Kansas City, determined to get air time. In their minds, the city could no longer deny them a voice on the public channel, especially since they were following all the rules.
A local Reverend, Emanuel Heaver, was distraught when he heard the news about the klansmen’s efforts. He had grown up near the city, and had experienced racism firsthand. Heaver was also aware that racism was still a pressing issue, and that “Race and Relations” would only worsen the situation. Heaver had dedicated his life to easing race relations and had worked for the ACLU, and to see his efforts inhibited by supremacists was simply disappointing.
Cleaver decided to take action. He did not want to see black people or other races discriminated against in their own city, on a channel they were paying for.
Cleaver countered the idea that the klansmen’s first amendment rights were being stolen, by claiming that they were simply a terrorist organization hoping to preach their close-minded views. The show’s true purpose was only to make residents fearful of their society.
At the time, the laws regarding free speech were as follows: if the speech is a “clear and present danger,” then only it can be suppressed. However, if the danger was not immediate, the Supreme Court ruled that it did not have the ability to suppress it. In 1969, it was ruled that if the speech provokes violence or indicates that the law be broken, it could be subdued. In the 1965 Tinker V. Des Moines case, which involved anti-Vietnam War clothing, it was also ruled that the articles of clothing were purely representations of free speech and did not provoke any violence.
In this case, the argument that the show provoked violence did not seem like it was strong enough to prevent the show from being aired. Cleaver knew he had to approach the situation from a different angle, so he decided to go after the channel itself. They did not want anyone presenting a certain message or broadcasting their views on the public channel.
Moran and Mahon were insulted and filed against Kansas City. The City tried to dismiss the lawsuit, but the effort failed. So, they argued that the klansmen had other options to preach their views – they could make phone calls, publish advertisements and articles, and create their own radio show. Still, the Court found Kansas City guilty of trying to suppress the Ku Klux Klan’s voice, and its freedom of speech. The City did not want to lose in the Supreme Court, so along with Cleaver, they attempted to settle. Still, Moran and Mahon were not willing to give up their fight. So, the City was forced to have a vote to see whether the channel would be reinstated. It was, and the Klan got a chance to broadcast its program, “Klansas City Cable.” However, after the first show, the reaction was more than outrage, so the show was immediately canelled.
Missouri Knights of the Ku Klux Klan vs. Kansas City is one of the most notable Freedom of Speech Cases. It asked whether danger should be the only reason for suppressing speech. The case backed up the original reasoning that the only reason that speech should be subdued, is if it presents an immediate danger. Cleaver was unable to win, because technically, while the Klan’s words and show might have inspired hate, they did not directly provoke or ask for violence.
The case also signified something important: free speech is rarely ever denied. All people have the freedom and power to say what they want, as long as it is non-threatening, and this is the reason that protests which inspire hate are still occurring in America today. A person or a court has no power over non-threatening speech, regardless of whether it spreads hate or inspires fear. If a court tries to prevent this, they are automatically barring people from using their first amendment right. However, without freedom of speech, America would not be the country it is, and America would not have progressed so much today, so there is something to be proud of regarding the ruling.