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
Bumping links to Stolen Honor video clips
But it was perfectly fine for CBS to broadcast the forged memos regarding President Bush -
I can’t understand why Hanoi John wants to suppress the film, after all – that despicable, self aggrandizing, lying, backstabbing seditious traitor made Viet Nam the focus of his campaign. Shouldn’t he be proud of his actions both here and overseas (including France) during the war?
Makes you wonder what Kerry is trying to hide...
Everything he did from 1968 – 2004?
He did?????
That sums it up so nicely, I think it bears repeating.
I am sorry ,I meant to say why didn't President Bush get equal time in Moore's movie? I am very sorry for any misunderstandings!My fault.
Check your tv listings.
Its airing in Nashvile Oct 22 at 8pm simultaneously on Fox and UPN.
About "Stolen Honor"
When John Kerry appeared before the U. S. Senate Foreign Relations Committee in the spring of 1971, his testimony sent shock waves throughout America and the world. Here was a young, articulate Ivy-Leaguer, a highly decorated Naval officer who had seen combat in Vietnam. Now, driven by conscience and lofty ideals, Lt. Kerry said he felt compelled to break his silence and tell the unvarnished truth about the Vietnam War and those who fought it. The war, he said, was a criminal endeavor driven by a “policy of atrocities.” The 2.5 million men who served in Vietnam were akin to “Genghis Khan’s barbaric hordes,” thugs and psychopathic war criminals who wantonly plundered the Vietnam countryside, murdering, raping and bombing hundreds of thousands of innocent civilians – old men, women and children -- each and every day.
Lt. Kerry’s widely televised statements were dramatic and persuasive, made all the more credible by the fact he had been there, said he had witnessed many of these same atrocities. His testimony catapulted him to international prominence and the ranks of leadership in the American anti-war movement, launching his once failing political career. It also permanently branded in the American psyche the image of Vietnam veterans as murderous “baby killers” and “drugged out losers,” a perception that persists today, one deeply embedded in our history.
That single act earned for Kerry the lasting enmity of Vietnam veterans, especially those who had borne the brunt of his accusations, that small percentage of soldiers, sailors, marines and airmen who actually served on the frontlines. Many of these combat veterans would carry the scars of their service for life. Kerry’s repudiation of their sacrifice represented yet another war wound, one that would never heal. As compelling as Kerry’s Senate testimony was, these men knew it was lacking in one key element … truth. They knew from their own combat experiences virtually all his allegations were lies; the U.S. military would never countenance such brutality. And, they also knew his actions were a deliberate betrayal of all of them, especially the more than 58,000 who lost their lives in the Vietnam War.
But, perhaps, more than any living group of combat veterans, it was the America ’s POWs who suffered most, forced to endure the immediate consequences of Kerry’s treacherous falsehoods. In 1971, some 700 of these men were reported as captured or missing in action, most presumed held prisoner by the North Vietnamese Communists in such places as the notorious Hanoi Hilton. Already subjected to years of torture, solitary confinement and unspeakable psychological and physical abuse, their lives were literally hanging by a thread when Kerry issued his damning testimony. In mere moments, Kerry had willingly given the Vietnamese Communists what they had spent years of torture and blood-letting to drag out of their American hostages, an unqualified “confession” they were all war criminals.
©2004 Red White and Blue Productions
+>==<
Bud Day gives the POW side in the movie. He is just as awesome as you would expect him to be. He speaks in a calm and authoritive manner, and the emotion of what he is talking about comes through loud and clear.
I know, I've watched him in the SBVT commercials. I've known about him since the end of the war (Vietnam). What I was wondering is if the movie gives some of his background so people who didn't follow the war will know who he is and what he did.
Stolen Honor first shows Col. Day with all his medals hanging behind him, in the background they talk about how he survived 67 months as a POW in Vietnam, that he is the most decorated veteran of the last century and that he received this Nation's highest award for valor. It is most impressive.
Col. Day talks about being outraged at how Kerry portrayed his fellow soldiers, that what Kerry said was "sensational and outrageous" propaganda, that Kerry blacked the entire history of the Military, not just for day, or a month, but for three decades, that Kerry lied for his own self interest and finally, he says that what Kerry did was treason.
Cockroaches hate having the lights turned on.
Just substitute the name Kerry for Bush and Bush for Kerry in this story, and change the name of the film to "Farenheit 9/11".
How many here would still be in favor of Sinclair broadcasting this documentary?
I think that during election, information about a major candidate is NEWSWORTHY.
The NEWS stations don't have to give equal time, every time they do a news piece.
End of discussion. (btw, CBS and Rather didn't offer equal time, when they tried to shove forgeries down our throats. They just broadcast it.)
bttt
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