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NBC’s decision not to back a miniseries on the McDonald’s massacre may have saved the city from making an unconstitutional and embarrassing mistake. Larry Spivey, a Hollywood producer,

managed to spread such ill will in little more than a week here that the City Council approved a resolution condemning his film project, and the city manager, police chief and city attorney

lined up to try to deny him permits to make the film in San Diego. Along with the residents of San Ysidro, we were happy to see Spivey take his hopes of making the massacre film and leave

town. Before NBC bowed out, Spivey managed to prick wounds many people were just beginning to live with. Although he is adept at public relations, Spivey seemed insincere as he: declared San

Ysidro “not a sleazy little border town” and claimed to have an “ongoing interest in that community”; dubbed Bill Kolender “the best police chief in America”; said he intended to make a

film not about a massacre but about “how to prevent a massacre,” and, finally, told the people of San Ysidro they should “see me as a friend.” However, having placed ourselves squarely in

the camp opposed to Spivey’s making a TV movie about San Ysidro’s tragedy, it is important to point out that he did raise an issue the city may eventually have to face: whether the content

of a movie or TV program should be considered before granting permits to a filmmaker to work here. There is nothing wrong with the City Council’s adopting a resolution urging a producer to

go elsewhere to make his film. But for city government to deny permits because the project’s subject matter is unpopular is a clear violation of the First Amendment protection of free

speech. Deputy City Atty. Curtis M. Fitzpatrick pointed out that “nobody’s got the right to holler ‘fire’ in a crowded theater.” But, remembering that the U.S. Supreme Court ruled that the

Nazi party had a right to hold a parade in heavily Jewish Skokie, Ill., it’s clear that the filming of this movie would not meet that standard. As distasteful as it might be, if Spivey, or

any other producer, otherwise meets the city’s requirements for filmmaking, the permits should be issued. MORE TO READ