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
Hey, Kerry; if you want equal time, accept their invitation to appear and answer questions.
Kerry is a coward.
> Demands Sinclair Stop Film or Give Equal Time
Now that kerry is DEMANDING what Sinclair had voluntarily
offered them, Sinclair needs to think about withdrawing
the offer.
Make Kerry fight for it, or bargain for it.
Just sign this SF-180 Mr. Kerry, right here.
The timing is sort of interesting, isn't it?
Makes you wonder what Kerry is trying to hide...
Excuse me, but didn't Sinclair EXPLICITLY offer equal time to the Kerry campaign?
Well looks like everyone else doesn't see it as a problem or illegel. Too bad, John.
Trying to terrorize people with baseless legal action just isn't going to do it. IT'S LEGAL.
BTW, YOU are invited to give YOUR side but you didn't accept. Blame yourself.
BTW, is it playing in New Jersey? Do you know what time it's on? I WANT to see it. In fact, if it is playing in New Jersey I will make it a priority to watch it.
Tootles!
;)
Heh, heh. Sinclair offered Kerry to come on the show after the documentary aired to "answer some questions". His campaign didn't like the idea.
Kerry has been invited to answer "the points brought up in the film".
Kerry has declined.
Do you suppose that the Kerry Campaign has sent a similar letter to PBS following its taxpayer-subsidized broadcast of Frontline, or to ABC concerning its broadcast of the Kerry Silver Star "investigaton"; or perhaps to CBS for its broadcast on 60 Minutes of its stunning expose of Bush's National Guard service? Holding my breath now.
This as awesome. The Kerry team is already having conniptions. Fantastic!
An audience of equal size, which can't wait to watch Chad "Doogie" Clanton smirk like a Hare Krishna and regurgitate talking points.
If Kerry is worried about it, it must be worth watching!
Yes, he did. Kerry declined the invitation to appear and answer questions.
I LOVE IT!!!!
"The company said Friday it would not air "The Michael Moore Pre-Election Special" due to "legitimate business and legal concerns." A spokesman would not elaborate."
"Moore has just released his movie on DVD and was seeking a TV outlet for the film, which sharply criticizes President Bush (news - web sites), as close to the election as possible."
Poor John. The problem with Moore's film is it is a pack of lies whereas Sinclair's film features, YOU, JOHN KERRY and the men who served and HOW your treason affected THEM.
How stupid is Kerry? This is the exact same trap he fell into with the Swift Vets. Angrily demand that your detractors be banned, censored, silence and you'll only raise public intrigue about what they have to say.
Very astute observation by you. We should write to the FCC demanding equal time for the President!
It is playing on two stations in the area, and it is on two different days at two different times. It seems a lot was left up to the individual stations.
"Am I missing something, or did the Kerry campaign TURN DOWN Sinclair's offer of equal time."
YES, John KERRY DID turn it down. Now he whines about "equal time". He wants others to do his dirty work and obfuscate for him so he can look unconcerned.
...A suggestion, Get a large foam brick...and throw it @ the Boob tube. ..aways works for me, a wiffle bat is good, too. :))
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.