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
please please have it distributed on the net too.
hey Kerry, shove it, neener, neener, neener.
Unlike my wife, I don't often buy into the tin-foil hat crowd theories; but, I think that on this one I'm with you. Best explaination for the multi-year effort by his shills to clean up and sanatize his war record. Didn't happen by accident.
But, I'm sure that we won't have to wait long to know the truth. Why, I'm sure that CBS, ABC, PBS, and NBC have platoons of reporters working this story even as we speak.
Right. This should be stopped, but it's perfectly fine for ABC to air their Pro-Kerry show.
Headline.
Kerry invokes Zapple Doctrine!
I can hear the Dem crybabies coming back from the 2000 recount. These people cannot confront criticism like mature adults. I hope the grown-ups get reelected!
You can watch excerpts online. I can't hack watching kerry but this is different.
Front page / donate: http://www.stolenhonor.com/
Info: http://www.stolenhonor.com/home.asp
Watch video excerpts:
http://www.stolenhonor.com/documentary/program-excerpts.asp
Says it all.
Yeah, great idea, have a 24 hour marathon of Stolen Honor like they do on the holidays with It's A Wonderful Life...lol
I saw a video clip the other day of John Kerry accusing Pres. George H.W. Bush of rushing to war in Iraq during the first gulf war. It was weird to here him say exactly the same thing today with Pres. G.W. Bush. Kerry is just a broken record on the rush to war phrase.
I also wish there was more focus on Kerrys role in meeting with Daniel Ortega ,with Tom Harkin , back during the Sandinista / Contra civil war in Nicaragua.
The more I learn about this guy, the more he scares the willys out of me.
Kerry...please give me one good reason why this should not shown here in Vietnam...oops...United states of America...sorry...Kerry...didn't mean to get your Hearts Purple again!
Why cant I get it?
Where can I buy it?
Blockbusters in my area has a whole section of Moorons 911 film, why cant I easily get this documentary?
Give Kerry equal time beginning at 10 pm Nov. 2 !
I hope this film does sink his political career. When libs lose power they seek to destroy the same civil society they claim to love.
http://sbgweb2.sbgnet.com/press/release_20041015_85.shtml
Sinclair Warns of Email Spoof
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.
###
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John Thune for Senate: Daschle must go, but Thune needs $ for that final push against a well-financed, fraud-cushioned incumbent.
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Majority Fund for America's Future: Funds/runs the campaigns in the tightest Senate races that need the most last-minute resources
National Republican Senatorial Committee: Ground Game for the close Senate races + Presidential
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National Republican Congressional Committee: Ground game for the close House races + Presidential
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STOMP, the Strategic Taskforce to Organize and Mobilize People is a nationwide network of dedicated volunteers who have committed to assisting Republicans in our most competitive areas. By strengthening our Party in the most competitive areas, we will lead all of our Republican candidates to victory.
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And, of course, GELAC, the Bush-Cheney '04 Legal Compliance Committee (fighting vote fraud, e.g.)
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It really is that powerfull. In the clip of the POW I saw you can still hear the fear in his voice as he talks about listening to tapes of Kerry's "testimony".
He said that the interrogators faces would grow red, they would start pounding on the table, screaming and pacing. The POW said they knew something really nasty was getting ready to happen.
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