By Paul Wetter
August 13, 1998 - Lenawee, Michigan
Daily Telegram Staff Writer

Radio broadcasts continue at "Radio Free Lenawee," after a
federal judge in U.S. District Court in Detroit threw out a
government request to shut down the station.  U.S. District
Court Judge Julian Abele Cook Jr. dismissed the government’s
complaint against the Rev. Rick Strawcutter. The Federal
Communications Commission, saying the low-power station is
illegal, sought confiscation of his broadcasting equipment
by the Federal Communications Commission. "It appears to be
a victory for us," said Strawcutter’s attorney, Patrick M.
Edwards of Detroit. "We’re very satisfied with the judge’s
opinion," Strawcutter said. Edwards was quick to note that
while the case was dismissed, the larger meaning of the
opinion needs to be examined. "It has more or less left the
situation in a state of flux," Edwards said. "It’s not clear
what parts of the opinion means." The federal prosecutor in
the case has indicated she will appeal the decision to the
U.S. Court of Appeals in the 6th Circuit, Edwards said. The
FCC had no comment on the opinion. "I think it’s safe to say
they were not very happy with the results," Edwards said. To
attempt to get the radio station off the air, the FCC will
likely seek an injunction, but a jurisdictional question must
be resolved first, Edwards said. "We want to get to the First
Amendment question that the FCC is violating First Amendment
rights of microbroadcasters by refusing to issue licenses to
them," Edwards said. "The FCC is doing everything they can to
avoid that issue." On June 16, a U.S. District Court judge in
California upheld the licensing authority of the FCC and
issued an injunction against unlicensed broadcaster Stephen
Dunifer that silenced "Radio Free Berkeley." According to
court documents, Dunifer argued that the commission’s rules
for obtaining a license were unconstitutional and violated his
First Amendment rights. The court rejected the claims. On
June 25, a U.S. District Court judge in North Dakota rejected
constitutional arguments and objections to the FCC’s handling
of licensing procedures by an unlicensed microbroadcaster. In
making the decision, the judge cited the Dunifer case as a
precedent. Edwards said the Dunifer case did not directly take
on the First Amendment issue. "We feel confident that if we
get to the First Amendment question, we will win," Edwards
said. In the meantime, Strawcutter said he will keep the 95-watt
FM station on the air while the legal process continues. He
remains optimistic about his case. "The judge refused to order
us off the air and we’re encouraged by that,"Strawcutter said.