James Lawrence Fly | |
|---|---|
 | |
| Chairman of the Federal Communications Commission | |
| In office September 1, 1939 – November 13, 1944 | |
| President | Franklin D. Roosevelt |
| Preceded by | Frank R. McNinch |
| Succeeded by | Ewell K. Jett |
| Chairman, Defense Communications Board | |
| In office September 24, 1940 – November 13, 1944 | |
| Preceded by | office created |
| Succeeded by | Ewell K. Jett |
| Personal details | |
| Born | February 22, 1898 |
| Died | January 6, 1966(1966-01-06) (aged 67) |
| Party | Democratic |
| Spouse | Mildred Marvin Jones |
| Children | James Lawrence Fly, Jr., and Sara Virginia Fly |
| Alma mater | United States Naval Academy,Harvard Law School |
| Occupation | lawyer |
| Military service | |
| Branch/service | United States Navy |
| Years of service | 1920–1923 |
James Lawrence "Larry" Fly (February 22, 1898 – January 6, 1966) was an Americanlawyer, famous as chairman of theFederal Communications Commission and, later, director of theAmerican Civil Liberties Union.[1] He helped inaugurate standards for commercial television broadcasting, and vigorously opposedwiretapping throughout his career.
Fly grew up inTexas and graduated fromNorth Dallas High School in 1916. He then graduated from theUnited States Naval Academy before serving three years in theUnited States Navy. He resigned to earn a law degree fromHarvard Law School. After a short time in private practice, Fly took a position prosecutingantitrust cases for the government. He joined theTennessee Valley Authority in 1934, rising from solicitor general to general counsel.[2] Fly married Mildred Marvin Jones in 1923, with whom he had two children, James Lawrence, Jr., and Sara Virginia.[3]
When Fly was appointed to replaceFrank McNinch as FCC chairman in 1939,commercial television had not yet begun in the U.S. In April of that year,RCA attempted to broadcast commercial content inNew York City using standards set by theRadio Manufacturers Association (now theElectronic Industries Alliance), but these broadcasts were unauthorized and experimental.[4] In December 1939 the FCC announced it would authorize limited commercial broadcasts, but it was not clear what standards should be used. By early 1940 RCA made aggressive moves to dominate the industry, and many of their competitors objected.[5] The FCC halted all commercial broadcasts, and insisting that thetelevision industry as a whole develop standards before broadcasting continue.[4] To break this impasse, Fly urgedWalter R. G. Baker to found the National Television System Committee, orNTSC, and negotiations were soon reached. This became the model that the FCC has used repeatedly when developing new standards for nascent technologies.[5]
As chairman of the FCC, Fly became theex officio chairman of the Defense Communications Board, later the Board of War Communications, when it was created by PresidentFranklin D. Roosevelt in September 1940.
That same month,J. Edgar Hoover of theFBI asked the FCC towiretap all communications to and fromAxis powers and the United States, despite the fact that wiretapping had been outlawed by Section 605 of theCommunications Act of 1934, and Fly refused to comply.[1][6] Fly wrote a letter to President Roosevelt explaining his lack of cooperation.[7] Roosevelt renominated Fly to a new seven-year term of office beginning July 1, 1942; Fly's appointment was confirmed unanimously by the U.S. Senate on June 29 of that year.[8]
In 1941Sam Hobbs,U.S. Representative fromAlabama, introduced a bill that would legalize wiretapping by the FBI, or any other government agency, if it was suspected that afelony was occurring.[9] The bill was supported by Attorney GeneralRobert H. Jackson, and seemed likely to pass, until Fly testified against the bill to Congress.[10] Due in large part to Fly's testimony, the bill did not pass.[1] This testimony garnered Fly national attention, and earned Roosevelt's and Hoover's disapproval.[11] The FBI conducted wiretaps in contravention of the law, and began to collect a file on Fly.[1] Hoover publicly attacked Fly and questioned his loyalty to the United States. In 1943, a House committee investigating the FCC accused Fly of allowing theattack on Pearl Harbor by preventing wiretap legislation.[12]
Fly left the FCC in November 1944, and opened a private law practice in New York City.[13] He was replaced as chairman on an interim basis by CommissionerEwell K. Jett, and his seat was ultimately filled by the Democratic National Committee's publicity director,Paul A. Porter, who took over as chairman upon his confirmation.
Fly became director of the ACLU in 1946. One of the most celebrated cases under Fly's directorship was the case ofJudith Coplon, accused of spying for theSoviet Union. The trial uncovered extensive wiretapping being conducted illegally by the FBI, and became a major embarrassment for the agency. These wiretaps included conversations between Coplon and her lawyer.[1] The bureau then destroyed recordings before the court could hear them, violating further statutes.[14] Coplon was convicted, but the case was appealed to theUnited States Court of Appeals for the Second Circuit. JudgeLearned Hand conceded that "the guilt is plain," but overturned the conviction due to the evidence collected through illegal methods, as well as other misconduct, including the fact that Coplon had been arrested without awarrant.[15]
In 1949 Fly represented labor leaderHarry Bridges, who faced deportation due to accusations that he had lied when saying he had never been aCommunist. This case eventually went before theU.S. Supreme Court in 1953, which ruled against the government.[1] As retribution for this case, Fly faced numerous legal and business difficulties; newspaper columnists questioned his patriotism, and he was named a "concealed Communist" by a loyalty board[1][16]
In 1953 Fly debatedHouse Majority LeaderCharles A. Halleck on the use of wiretaps, onEdward R. Murrow's "See It Now" television program.[17] Fly also wrote numerous print editorials speaking against wiretapping, and testified before a Senate subcommittee about the practice.[1]
Fly died ofcancer inDaytona Beach, Florida.[18]
Mr. Fly's terse announcement last Thursday confirmed in all particulars the report inBroadcasting Oct. 9 and in previous issues. "I am leaving the FCC on Nov. 15 to enter private practice of law in New York City with offices at Suite 1444, 30 Rockefeller Plaza," the Chairman said.
| Government offices | ||
|---|---|---|
| Preceded by | Chairman of the Federal Communications Commission 1939–1944 | Succeeded by |
| Preceded by | Member of the Federal Communications Commission 1939–1944 | Succeeded by |
| International | |
|---|---|
| National | |
| Other | |
