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, if Mary Cheney's sexuality is fair game, why isn't John Kerry's Vietnam record?
It's a free country and if Sinclair wants to broadcast some political programming during the election season, that is their right. Isn't it the duty of the voters to learn as much about candidates for public office before they vote? This is a public service that Sinclair is doing and they should be commended for it.
I guess it is only his Vietnam experience that should have a national audience.
I want to hear these men! I want to know what happened to them. He has had plenty of time to tell his tale over 20 years... Give these men the same respect you freak Kerry! IF I go on any longer I will be sure to be banned by Jimrob.
Mr. Kerry, how do you feel about ABC's upcoming puff piece which makes you out a war hero? That one OK with you?
LIBERALS are all alike. Free speech, as long as you say what they allow you to say.
Hey, John, what about George Soros?Hey, John what about your buds at the NYT's, LAT's, CBS, NBC, ABC, CNN, MSNBC, CNBC and almost every major city news rag in the nation?
You scared of one little documentary after all the big time free and utterly grateful publicity your pal, Michael Moore has received for his little documentary, Farenh whatever 9-11?
Hey, do yourself a big favor and relax with your darling wife and share one of those blissful marital moments with her drinking her gin and raisin elixir. Really, it may calm your botoxed stretched nerves, you big baby little boy.
Heck, if you want to play in the fire of politics, you got to let it all hang out man.
Oops, sorry I forgot, you got out of the fire of Viet Nam in four months. So you can't take the heat. Take a sip of your bride's brew and relax.
Politics is no place for cowards. Take it like the man President Bush has shown that he is under the constant barage of left wing flack. I've never heard him complain, or destroy one's right to free speech. Now stiffen that upper lip and grow up you spoiled little ....ussie!
When you do, let me know... I want to see it!
What a sniveling twerp!
ANY information that does not meet with his approval always causes this whiny-weasel reaction from him and his sycophants.
DEAL WITH Liveshot!
When this election is over I hope someone gives you the atomic wedgie that you so deeply deserved (and likely received daily back when you were in junior high school).
Well kerry in Tess own words=SHOVE IT !!!!
After we have beaten back this lowlife and his cohorts, "Kerry and the Brown Shirts" might make a good name for a punk rock band.
The "media" need to ask Kerry if he ever had a happy (gay) encounter.
I don't think they exactly offered him equal time. If I'm recalling correctly, what they DID offer him was the opportunity to participate in a round table discussion of the film afterwards.
I don't know, the timing of Kerry's "demand" makes me suspicious--I for one believe that his internal poll numbers ain't looking so good, he's scared to death this film can the potential to completely derail him, that's why he's supposedly making himself available now.
They have conspired against President Bush AND every American who support's him. At what point would this fall under the RICO Act?
thanks for posting the excerpts it is powerful and moving..no wonder Kerry is looking so ragged he should have been prosecuted, nothing but a self centered opportunist...the excerpt about the made up village burning rings true with Kerry and his fabrications...
God bless Sinclair..
Thank you John Sidney McCain, CAPT, USN, Retired.
This is bull. They've been showing 'Fahrenhype 9/11' practically non-stop on one of the movie channels I get. Coincidentally, the channel is currently giving everyone two FREE months of their programming, ending in early November. World of coincidences, huh?
Oh, you mean like SeeBS?
And, to think, that whiner claims he will fight a better war on terrorism.
Yes! I just returned from a screening of it here in PA. We were privileged to have the producer, Carlton Sherwood, with us to answer questions. This is a very powerful documentary, and finally provides our POW's with an opportunity to be heard. Please seek it out, and encourage others to see it. Kerry's actions when he returned from Viet Nam have done irreparable harm to our military and to America itself. There is a good reason he doesn't want us to see it - it reveals his character.
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