The Brinkley Act is the popular name given to Section 325(b) of The Communications Act of 1934; United States Public Law 416, 73d Congress, June 19, 1934. Sec. 325(b) was written into legislation by the government of the United States of America to prevent the use of broadcasting studios in the USA from being connected by live telephone line or other means to a transmitter located in Mexico.
The Brinkley Act
The Brinkley Act evolved prior to the advent of World War II from the practice of Dr. John R. Brinkley who invited fascist speakers to use USA studio facilities to connect by telephone land line to super-power transmitters in Mexico that were under his control. These transmitters were used by stations popularly known as border-blasters and they dotted the international boundry line on the Mexican side of its border with the United States of America. It was passed into law on June 19, 1934 by the 73d U.S. Congress.
Rebroadcasting: Studios of foreign stations
Section 325(b) says:
No person shall be permitted to locate, use, or maintain a radio broadcast studio or other place or apparatus from which or whereby sound waves are converted into electrical energy, or mechanical or physical reproduction of sound waves produced, and caused to be transmitted or delivered to a radio station in a foreign country for the purpose of being broadcast from any radio station there having a power output of sufficient intensity and/or being so located geographically that its emissions may be received consistently in the United States, without first obtaining a permit from the Commission upon proper application thereof.
British footnote
In order to stop Radio Luxembourg from beaming a live signal which had originated in the London studios of the station back into the British Isles from the continent of Europe, the British General Post Office which had control of British telephones, enacted similar regulations. Consequently Radio Luxembourg, like the Mexican border-blasters, had to either use studios at the station in the Grand Duchy of Luxembourg, or record information in London on a transcription disc which could then be flown to Luxembourg for replay.
American Graffiti trivia
In the George Lucas movie American Graffiti, Wolfman Jack is shown broadcasting live from a radio studio in California via a border-blaster station in Mexico. Although there were infractions of Section 325(b), the law was enforced and it has been upheld by U.S. courts of law. Consequently the scene depicted in the motion picture is more artistic license than a depiction of an every day occurance.
Reference
The Communications Act of 1934 - Sec. 325(b); United States Public Law 416, 73d Congress, June 19, 1934.
External sources
Federal Communications Commission
