Posted on 10/15/2004 6:23:43 PM PDT by Anduril1
Kerry Demands Sinclair Stop Film or Give Equal Time
An angry and worried John Kerry claims Sinclair Broadcasting will violate federal broadcasting rules if it shows the documentary "Stolen Honor: Wounds That Never Heal."
In a letter released Friday the Kerry campaign made clear it wants to stop the film from being broadcast on television.
If it does air the documentary, Kerry is demanding the station group give his campaign equal time.
The Kerry letter comes on the heels of the FCC's announcement Thursday they would not accede to the request of Democratic senators who demanded the commission stop the airing of the film.
Sinclair says it still plans to broadcast the controversial documentary.
Previously, Mark Hyman, vice president of Sinclair, has stated the network has offered air time to Senator Kerry and allow him participate in their programming.
...............
The letter from the Kerry campaign to Sinclair follows:
October 15, 2004
David D. Smith President and CEO Sinclair Broadcast Group, Inc. 10706 Beaver Dam Road Hunt Valley, Maryland 21030
Re: "Stolen Honor: Wounds That Never Heal"
Dear Mr. Smith:
I am writing on behalf of Senator John Kerry and Kerry-Edwards 2004, Inc. Press reports indicate that the stations operated by the Sinclair Broadcast Group plan to air a program entitled "Stolen Honor: Wounds That Never Heal" later this month. See, e.g., Howard Kurtz & Frank Ahrens, Family's TV Clout in Bush's Corner, THE WASHINGTON POST, Oct. 12, 2004, at A1; Elizabeth Jensen, Conservative TV Group to Air Anti-Kerry Film, LOS ANGELES TIMES, Oct. 9, 2004, at A1. This program constitutes an attack on Senator Kerry by supporters of President Bush. It was not produced by Sinclair, nor by any reputable journalistic organization. It is our understanding that Sinclair plans to air this program during hours when entertainment programming is normally provided on its stations.
The legality of Sinclair's attempt to broadcast this program has already been called into serious legal question. The Democratic National Committee recently filed a complaint with the Federal Election Commission pointing out that Sinclair's airing of the program constitutes an illegal corporate-funded "electioneering communication." As the DNC correctly notes, the broadcast does not qualify for the exemption afforded to news stories under federal campaign finance law and thus would constitute an illegal corporate expenditure.
Under the Federal Communications Commission's decision in Nicholas Zapple, 23 F.C.C.2d 707 (1970), a broadcasting station that permits supporters of a candidate to use its facilities to advance that candidate's campaign must provide supporters of the opposing candidate "quasi-equal opportunities." Despite the repeal of the Fairness Doctrine, the FCC has made clear that stations' Zapple obligations continue in effect. See RTNDA v. FCC, 184 F.3d 872, 884 n.10 (D.C. Cir. 1999) (recognizing that the Zapple Doctrine complements Section 315(a) of the Communications Act); The Handling of Public Issues Under the Fairness Doctrine and the Public Interest Standards, 48 F.C.C.2d 1, 31 (1974); 36 F.C.C.2d 40, 47-49 (1972).
Sinclair's planned airing of this documentary produced by opponents of Senator Kerry is precisely the kind of use of a broadcasting station to advance one campaign that the Zapple Doctrine was intended to address. The documentary is clearly intended to advance the campaign of President Bush by attacking Senator Kerry's record.
The program does not meet any of the requirements for the exemptions from the equal opportunities requirement. See Request for Declaratory Ruling that Independently Produced Bona Fide News Interview Programs Qualify for the Equal Opportunities Exemption, 7 F.C.C.R. 4,681 (1992). It is not regularly scheduled on Sinclair's stations and will not be shown when news programming is regularly aired. The content of the program will not be controlled by Sinclair or an independent journalistic organization. The program instead is intended to be an attack on Senator Kerry and thus is not the result of decisions made on the basis of newsworthiness rather than to advance or retard a particular candidate. Id. Thus, the program cannot qualify as either a bona fide news program or news interview.
It also cannot be viewed as an exempt documentary. As the FCC has made clear, "that exemption explicitly applies only if the appearance of the candidate is 'incidental to the presentation of the subject or subjects covered by the news documentary.'" Request of A&E Television Networks for Declaratory Ruling, 15 F.C.C.R. 10,796 (2000). The subject of the proposed program is Senator Kerry's activities in connection with the Vietnam War and his appearance is, therefore, central, rather than incidental, to the program.
Section 315(a) of the Communications Act was intended to prevent the licensee of a broadcasting station using the public airwaves to use that facility to promote one candidate for public office over another. The FCC in Zapple recognized that Congress's intent could be frustrated by stations that aired programs featuring supporters of one candidate instead of the candidate himself or herself. See RTNDA, 184 F.3d at 884 n.10. If Sinclair does air this program in which supporters of President Bush attack Senator Kerry, it must provide a similar opportunity for Senator Kerry's supporters.
Please consider this a request that each Sinclair station that airs the documentary provide supporters of the Kerry-Edwards campaign with a similar amount of time on that station before the election at a time where an audience of similar size can be expected to be viewing the station. Please contact me or have a representative of each station do so in order to schedule an appearance by supporters of Senator Kerry.
Very truly yours,
Marc E. Elias General Counsel, Kerry-Edwards 2004, Inc.
+>==<===============>Anduril 1
"Kerry Demands Sinclair Stop Film or Give Equal Time
An angry and worried John Kerry claims Sinclair Broadcasting will violate federal broadcasting rules if it shows the documentary "Stolen Honor: Wounds That Never Heal."
In a letter released Friday the Kerry campaign made clear it wants to stop the film from being broadcast on television. "
KERRY IS AN ENEMY OF THE FIRST AMENDMENT!!
Must be dynamite stuff to cause so strong a reaction...
That Frontline was a farce. Do they really think Americans can't tell it's completely biased?
Well, ok, 51% of Americans.
I'll never give money to them, ever.
Kerry can have equal time. All he need do is PAY for it. He can't. He's out of money. The budget is dry because they held their convention a month earlier than Bush.
Do not accept his offer of interviews. He's shilling for free TV time.
Yes, he did. Kerry declined the invitation to appear and answer questions.'"
Hmmm... not exactly. As I recall from a Linda Vester (FNC) interview earlier this week, Sinclar Broadcast Group offerred Kerry, only Kerry, unlimited time to rebutt any charges "Stolen Honor" raises. The rep said something to the effect of "if it takes two hours, it takes two hours."
At the time, the Kerry camp steadfastly refused the offer.
He just "...can't stand the truth!"
Why did Bush get equal time in the F 911 movie?
I'm sure that Sinclair is shaking in it's boots.
Why did Bush get equal time in Moore's movie?
The Senate will order you to stop showing this harsh film!
".....that John Kerry is a liar and political opportunist who bretrayed this country and the brave men who fought in the Vietnam war."
Already knew it. (but thanx for saying it again ;'}
This is just icing on the cake!
Regardless of how things turn out, this will be a pyrrhic contest for Genghis sKerry. He has been revealed as a man who would say anything & do anything to win.
Said it before....Say it again....Whatta Putz!
When the film shows does everybody have their video tapes READY!..? Who knows who might need a copy.. Know what I mean ?
I've got an idea. How about Kerry's "Band of Brothers" go on and give their side, and Bud Day can give the POW's side. Bud Day will wipe up the floor with them.
I watched the available clips on the Stolen Honor web page last night. There's probably 8 or 9 in all and range from a couple minutes to 8 mins or so. I hated Lurch before I watched, but after wards I hated him like I've never hated him before. Jail time is too good for what he did to those prisoners of war. It's been estimated by many that Hanoi John and Jane extended the war by at least two years, as the Viet Cong and NVA tried to let antiwar activity decide the election, while they hung on and waited for American will to dissolve. It was only after Richard Nixon was reelected that they decided to end it and let the prisoners go. But for 2 years...can you imagine the abuse and death of the prisoners and soldiers in the field that took place in 2 years? All of that is blood on the hands of the traitorous, treasonous, POS scum Kerry...all of it
Sinclair already offered to give Kerry equal time. Once again; no substance from the empty shirt.
BALTIMORE (October 15, 2004) - Sinclair Broadcast Group (Nasdaq: SBGI)
is notifying the public of an email spoof that attempts to make the recipient believe that they are receiving an email from Sinclair's CEO, David Smith. The email is entitled, "Update on Kerry POW Film and FEC Ruling." Recipients should ignore and delete any such correspondence. Sinclair would also urge that any purported communication coming from a Sinclair executive or employee be confirmed as authentic.
Sinclair is in the process of tracking the sender of the email spoof and will determine whether to proceed with civil charges. Anyone found to be creating, forwarding, or posting such false emails may also face civil action.
Sinclair Broadcast Group, Inc., one of the largest and most diversified television broadcasting companies, owns and operates, programs, or provides sales services to 62 television stations in 39 markets. Sinclair's television group includes FOX, WB, ABC, CBS, NBC, and UPN affiliates and reaches approximately 24% of all U.S. television households.
You might be able to get a good deal in the open-box section of your nearest Circuit City.
So 76% of the American public will be disenfranchised eh? I demand that Sinclair allow every broadcaster to air Stolen Honor! /sarcasm ... kind of
You see into the mind of these people. Freedom of speech as long as it's convienient.
Guess what - this film is about Kerry - Bush is the one thay deserves extra time ...
Airing on KOVR in Sacramento, California at 7:00 P.M., October 23.2004. I'll tape it for you. ;-}
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