David Brock protests airing of anti-Kerry film

Left-wing medic critic and journalist David Brock is warning a television-station chain to cancel its plans to air the anti-Kerry film "Stolen Honor: Wounds that Never Heal," contending it could violate campaign broadcast regulations.

Brock, known for his ideological switch from right to left, wrote in a letter that Sinclair Broadcasting's "plan to air anti-Kerry propaganda before the election is an abuse of the public airwaves for what appears to be partisan political purposes."

As WorldNetDaily first reported, the television documentary features testimony by former POWs of the demoralizing impact of the senators' war-crimes accusations more than 30 years ago.

Maryland-based Sinclair has ordered its 62 stations to preempt regular programming during prime time next week to air the 42-minute film. The station group, which reaches about 24 percent of U.S. households, has coverage in crucial battleground states.

In his letter, Brock wrote, "I don't have to remind you ... [that] 14 of the 62 stations the company either owns or programs are in the key political swing stations of Ohio, Florida, Pennsylvania and Wisconsin, where the presidential election is being closely fought."

Brock is CEO and president of Media Matters for America, a Web-based non-profit "dedicated to correcting conservative misinformation in the U.S. media."

Sinclair's vice president, Mark Hyman, said the company decided to broadcast the film after it was rejected by the major broadcast networks.

"This is a powerful story," Hyman told the Washington Post. "The networks are acting like Holocaust deniers and pretending [the POWs] don't exist. It would be irresponsible to ignore them."

Sinclair invited Kerry to appear on a discussion program after the broadcast, Hyman said, but his campaign refused, calling the film "lies" and "a smear."

Brock maintains Sinclair's plan could constitute a violation of broadcast regulations requiring equal time for political candidates and the McCain-Feingold campaign finance law.

But the Post said Sinclair's invitation to Kerry could help the company satisfy federal requirements to provide "equal time" to candidates.

Brock noted that in the 2004 political cycle, Sinclair executives have given 97 percent of the company's nearly $68,000 in political contributions to Republicans.

In April, Sinclair ordered seven of its ABC-affiliated stations not to air a controversial "Nightline" segment that consisted solely of reading the names of U.S. soldiers killed in Iraq.

The Real David Brock

Nobody cuts like Hitchens. After this was written, Brock became CEO of MediaMatters a lefty fact/checking/spinning organ reportedly financed to the tune of a couple of Million and launched in May this year.

David Brock Is Buzzing Again

"..Conservatives — anyone, actually — might question whether such insights are worth whatever Brock paid for them, but the poll, together with Brock's anti-Limbaugh television ad campaign, suggests that Media Matters is much more than a traditional media watchdog group. Indeed, it is probably more accurate to view Media Matters as part of the constellation of groups — the so-called "527" organizations, the voter-turnout group America Coming Together, John Podesta's liberal think tank the Center for American Progress, MoveOn.org, liberal talk radio, and others — that have come together on the left in the last year or so, all aimed at electing a Democratic president this November.

Certainly some of Brock's donors see it that way. Leo Hindery Jr., a cable-television executive who contributes to Democratic causes, says he sees Media Matters as part of a coordinated action on the left. "I thought this was a piece of the puzzle," Hindery says. "There are people like Mike Lux [a Democratic consultant who runs an important ad agency], who are into the strategy point of view, there's Podesta, who's into the think tank/intellectual side, and I think the third part of the triangle is David's initiative."

Brock's donors read like a Who's Who of those who have financed the new, activist Left. Besides Buell and Hindery, donors to Media Matters include Peter Lewis, chairman of Progressive Corp., who has contributed more than $7 million to the 527s in partnership with his friend, the financier George Soros. There is Democratic activist Bren Simon, wife of shopping-mall tycoon Mel Simon, New York psychologist and donor Gail Furman, California philanthropist James Hormel, and others. Two anti-Bush organizations, the New Democratic Network and MoveOn.org, have also contributed to Brock's project..."

"There are no such regulations, that I know about."

Well, now you know about them. They can be found in 47CFR§73.1941 to 1944. The text is below.

I am not familiar with the documentary, but if Kerry is a central part of the film he could request equal time, as it would not fall under any of the news exceptions. Only if Kerry's role in the picture is "incidental," would Kerry not be able to claim equal time. The fact the documentary doesn't discuss the election is irrelevant as far as the equal opportunities provision is concerned.

A similar issue occurred in CA during the Arnold election. Broadcast stations there couldn't show his movies because it would trigger equal time, and with 50+ candidates it would have been a nightmare. Anyway, that is the law.

TITLE 47--TELECOMMUNICATION

COMMISSION (CONTINUED)

PART 73_RADIO BROADCAST SERVICES--Table of Contents

Subpart H_Rules Applicable to All Broadcast Stations

Sec. 73.1941 Equal opportunities.

(a) General requirements. Except as otherwise indicated in Sec.
73.1944, no station licensee is required to permit the use of its
facilities by any legally qualified candidate for public office, but if
any licensee shall permit any such candidate to use its facilities, it
shall afford equal opportunities to all other candidates for that office
to use such facilities. Such licensee shall have no power of censorship
over the material broadcast by any such candidate. Appearance by a
legally qualified candidate on any:
(1) Bona fide newscast;
(2) Bona fide news interview;
(3) Bona fide news documentary (if the appearance of the candidate
is incidental to the presentation of the subject or subjects covered by
the news documentary); or
(4) On-the-spot coverage of bona fide news events (including, but
not limited to political conventions and activities incidental thereto)
shall not be deemed to be use of broadcasting station. (section 315(a)
of the Communications Act.)
(b) Uses. As used in this section and Sec. 73.1942, the term
``use'' means a candidate appearance (including by voice or picture)
that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of
this section.
(c) Timing of request. A request for equal opportunities must be
submitted to the licensee within 1 week of the day on which the first
prior use giving rise to the right of equal opportunities occurred:
Provided, however, That where the person was not a candidate at the time
of such first prior use, he or she shall submit his or her request
within 1 week of the first subsequent use after he or she has become a
legally qualified candidate for the office in question.
(d) Burden of proof. A candidate requesting equal opportunities of
the licensee or complaining of noncompliance to the Commission shall
have the burden of proving that he or she and his or her opponent are
legally qualified candidates for the same public office.
(e) Discrimination between candidates. In making time available to
candidates for public office, no licensee shall make any discrimination
between candidates in practices, regulations, facilities, or services
for or in connection with the service rendered pursuant to this part, or
make or give any preference to any candidate for public office or
subject any such candidate to any prejudice or disadvantage; nor shall
any licensee make any contract or other agreement which shall have the
effect of permitting any legally qualified candidate for any public
office to broadcast to the exclusion of other legally qualified
candidates for the same public office.

[57 FR 208, Jan. 3, 1992, as amended at 59 FR 14568, Mar. 29, 1994]

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Broadcast Group to Pre-empt Programs for Anti-Kerry Film
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