Kerry Demands Sinclair Stop This Film

Newsmax ^ | 15 OCT 2004

[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

[Key West Girl]

The legality of Sinclair's attempt to broadcast this program has already been called into serious legal question.

The stupidity of that statement is truly stupid. LoL.

I was fortunate to receive an advance copy of Stolen Honor. It is powerful, moving and effective in its message that John Kerry is a liar and political opportunist who bretrayed this country and the brave men who fought in the Vietnam war.

Its time to face the truth John Kerry.

[ottersnot]

I'm personally buying into the dishonorable discharge rumor
purple-heartedly.
:)

snot

[muawiyah]

Absolutely correct ~ this is a Kerry campaign pice. "W" should get some equal time.

[airborne]

Maybe John Edwards can sue. He isn't doing anything useful right now anyway.

[etradervic]

[skinkinthegrass]

thanks. :))

[rocksblues]

Can you imagine the charade that will be perpetrated if they let Kerry's staff rebut this documentary?

Col. Bud Day is a liar, Adm. Hoffman is a liar, just check the facts. Viet Cong soldiers have verified that Kerry was a true warrior how can you dispute that fact. These American soldiers were proven to be War Criminal's according to John Kerry's testimony before the Congress of the United States.
All this and more without JFnK's having to face them!
For the real story click the link.
http://swift1.he.net/~swiftvet/index.php?topic=Ads

[TASMANIANRED]

"Didn't Kerry just say the other night what a wonderful thing the US constitution is? "

Kerry said judges were needed that would "interpret the constitution according to the law".

If Kerry had his way the 1st and 2nd ammendments would be history.

[midftfan]

After that nauseating letter I want Sinclair to broadcast that film 24 hours a day till the election. Talk about whiners. These Democrats dish it out, but when it comes time to get some in return they go running to their lawyers like the whiny crybabies they are. Pathetic is all I can say about these wimps. Can any of you picture Kerry taking the kind of abuse that President Bush has received the last 3+ years with the same class and dignity if he was in the White House? No way!

[twntaipan]

If someone with a copy of Stolen Honor would release it to the peer to peer networks it could be available to a bunch of people.

[Poohbah]

If it does air the documentary, Kerry is demanding the station group give his campaign equal time.

Sinclair offered to let Kerry come on the air. He turne 'em down.

I guess he opposed equal time before he favored it.

[pieces of time]

I know I'm beginning to sound repetitive about calling and writing, but all of these great comments should be addressed to the Kerry campaign and the Rat Senators that are trying to censor Stolen Honor. It wouldn't hurt to send letters to newspapers in your local area bringing out all of these points. Put the pressure on.
We know this stuff but the general public who are their information from the MSM are getting garbage.

[PJBlogger]

Kerry thinks he is ordering his butler around again.
This is the true face of the left: book burning, movie banning,government censorship because we plebians are too stoopid to make up our own minds.

[Puppage]

My pleasure.....it was quite befitting.

[SERKIT]

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.

I've only heard about what to expect in the documentary, but does this prgram actually call for President Bush's re-election, or is it simply an expose' of John Kerry's dubious service in Viet Nam. If it doesn't promote Bush, the how could it be called political speech in this context?

In light of the fact that Kerry's Form -180 is AWOL, why not have someone else present historical facts that the Senator wants to suppress?

If legal action was forthcoming, I doubt this letter would have been sent. Denial may in fact be a River in Viet Nam!

[Jack Deth]

As I have understood Sinclair's Board of Directors. Equal time was offered very early on to Kerry and his skeeevy little minions after the announcement that 'Stolen Honor' would be shown.

As for Senator I-Have-A-Plan. Wish in one hand and deficate in the other. Who's Kerry going to dig up? His one or two Swift hangers on? Or the Vietnamese that Ted Kopppel un-earthed earlier this week?

Personally, I think that Sinclair should have a 'Stolen Honor' Marathon. To ensure the widest possible distribution!

Jack.

[plain talk]

Since everyone is demanding - I demand John Kerry release his military records.

[TexasTaysor]

This makes me wonder if it's think instead of a discharge thing.

Kerry's Mil. record==LETTERS OF REPRIMAND
Master Chief ret. Larry Gehlkin | 10/15/04

Posted on 10/15/2004 2:40:06 PM PDT by wildcatf4f3

Forget the discharge, what Kerry is hiding are the letters of reprimand.
TOPICS: Free Republic; News/Current Events; Politics/Elections; War on Terror; Click to Add Topic
KEYWORDS: FORM180; KERRY; USNAVY; Click to Add Keyword

Speaking with my friend Larry, 27 years U.S. Navy, Master Chief, The focus on the discharge is a red herring. Officers being granted gentlemens rights, they are usually asked to resign their commissions. Their discharges may be uprated with time BUT any letters of reprimand are PERMANENT! It is these letters of reprimand that he does not want any one to see. Considering his behavior after his return from Viet Nam, one can only guess at how scathing they are. SIGN the 180 form.

[cripplecreek]

The film is going to nuke Kerry's chance at the white house and he knows it. From what little bit I saw on FOX last night, it might just end his political career altogether. He can't even defend himself against this without damaging himself.

Whats he going to do, call the POWs liars? As I understand it, much of the film is clips of Kerry himself giving testimony. I don't think John Kerry can survive this movie.

It's too bad it won't be shown nationwide, but it is showing in a lot of swing states.

[Paladin2]

"reputable journalistic organization"

I wasn't aware that there was currently a reputable journalistic organization (other than FR of course)