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Explainer: How Fair Is Sinclair's Doctrine? - Is John Kerry entitled to avenge his Stolen Honor?
Slate ^ | October 20, 2004 | Drew Clark

Posted on 10/20/2004 1:29:40 PM PDT by Dont Mention the War

[...]The legal question remains: Can a broadcaster air a partisan film in the final weeks of an election campaign without granting equal time to the other side?

There are least three doctrines that might apply to this situation. The first is the "fairness doctrine" of the Federal Communications Commission, which required broadcasters to grant reply time to those who said their views were criticized. That rule was killed in 1987. The second are two corollaries of the doctrine—the "personal attack" rule and the "political editorial" rule—vestiges of the fairness doctrine that survived a while longer and then died in 2000. The third is the "equal time" law for political candidates, which still exists but probably doesn't apply to Sinclair because the candidate featured in the film was Kerry, not Bush.

[...]

The last stand for Kerry's lawyers is the little-known "Zapple Doctrine" of 1970—a corollary of the "equal time" law. Nicholas Zapple, an aide to Rhode Island Democratic Sen. John Pastore, asked the FCC for airtime to respond to supporters of John McLaughlin, the young Republican Jesuit priest who unsuccessfully challenged Pastore for office. He got it. But the "equal time" law and the Zapple policy apply only when the program isn't news. Sinclair's changed plans seem designed to ensure that its hourlong program would be deemed news. In any case, the FCC can't act until after the complaints start rolling in after Friday's showing. They surely will.

(Excerpt) Read more at slate.msn.com ...


TOPICS: Extended News; Politics/Elections
KEYWORDS: kerry; sinclair; slate; stolenhonor
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Read the whole thing. It explains why the Kerry Kool-Aid Kamp can't do jack about Sinclair.
1 posted on 10/20/2004 1:29:41 PM PDT by Dont Mention the War
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To: Dont Mention the War

Hey, John's had plenty of chances to dispute the claims ... instead he just attacks the people who want to tell the truth ... John, why don't you tell us what really happened instead of attacking ... problem is, he can't ... it's the freakin' truth ... that's why the attacks


2 posted on 10/20/2004 1:31:02 PM PDT by mrplind (The greatest threat to the United States is not "terrorism" as we know it, it's liberalism!)
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To: Dont Mention the War

"they" seem to be shutting Sinclair down. So much for living in a free country?


3 posted on 10/20/2004 1:31:56 PM PDT by sandydipper (Less government is best government!)
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To: mrplind

If Kerry wnat to stop the Rumors SIGN THE 180


4 posted on 10/20/2004 1:32:10 PM PDT by sgtbono2002 (I aint wrong, I aint sorry , and I am probably going to do it again.)
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To: Dont Mention the War

Hey Slate! How fair is the CBS Doctrine? Can Bush reclaim his Forged Memoes?


5 posted on 10/20/2004 1:32:17 PM PDT by Yo-Yo
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To: Dont Mention the War

Sinclair offered Kerry an opportunity to appear during the program. For some unexplained reason, Kerry's campaign has failed to respond.


6 posted on 10/20/2004 1:32:22 PM PDT by Trepz
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To: Dont Mention the War
" Is John Kerry entitled to avenge his Stolen Honor?"

Heck yes... Kerry was invited to participate on the show.

If you can't defend yourself from these charges Mr. Kerry, how will you ever defend the country?

7 posted on 10/20/2004 1:32:49 PM PDT by drc43 (John Kerry - A Coward for all Seasons)
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To: Dont Mention the War

Can these people not read? Sinclair has offered Kerry or someone in his camp to be included and they have declined repeatedly.


8 posted on 10/20/2004 1:33:19 PM PDT by TexasTaysor
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To: Dont Mention the War
The legal question remains: Can a broadcaster air a partisan film in the final weeks of an election campaign without granting equal time to the other side?

A moot question - Sinclar has offered Kerry equal time.

The real issue for the Kerryites is not fairness or equal time. The real issue is not allowing Sinclair to show this movie under any circumstances.

9 posted on 10/20/2004 1:33:28 PM PDT by dirtboy (Kerry could have left 'Nam within a week if Purple Hearts were awarded for shots to the foot.)
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To: Dont Mention the War
How dumb does Kerry think we are?

results for sinclair "offered Kerry"
10 posted on 10/20/2004 1:33:59 PM PDT by Mike Fieschko (Surely, though, if we stop mocking John Kerry, the terrorists will have won. [James Taranto])
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To: TexasTaysor
Can these people not read? Sinclair has offered Kerry or someone in his camp to be included and they have declined repeatedly.

The omission is deliberate, not accidental, just as none of the draft editorials in the pro-Kerry press mention that two Dems sponsored the draft legislation that started the rumors in the first place.

11 posted on 10/20/2004 1:34:22 PM PDT by dirtboy (Kerry could have left 'Nam within a week if Purple Hearts were awarded for shots to the foot.)
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To: Dont Mention the War
Can a broadcaster air a partisan film in the final weeks of an election campaign without granting equal time to the other side?

PBS does it all the time. What's the BFD???

12 posted on 10/20/2004 1:34:50 PM PDT by PLK
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To: Dont Mention the War
Michael Moore and his cadre of disinformation specialists were in Seattle last night.

I demand equal time - he fouled our air.

13 posted on 10/20/2004 1:34:52 PM PDT by HardStarboard
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To: Dont Mention the War
I hope they can shut down Sinclair. Then we will have a precedent for shutting down ABC, CBS, NBC.
14 posted on 10/20/2004 1:34:53 PM PDT by bilhosty
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To: Dont Mention the War

Wouldn't you love to see Rather sit there while Bush's campaign got equal air time? Priceless.


15 posted on 10/20/2004 1:35:01 PM PDT by snooker
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To: Dont Mention the War
Give Kerry an hour of equal time...on November 3rd or so.
16 posted on 10/20/2004 1:35:59 PM PDT by Shqipo (The gloves are on and the corners are empty.)
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To: Shqipo
I can't understand why the lefties are against showing the video...it is what they believe is right.

If any equal time is allocated it should be for Bush....since the video is "all about J f'n Kerry"

17 posted on 10/20/2004 1:45:12 PM PDT by spokeshave ( "I own a timber company? That's news to me!!" ... Ya need some wood?)
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To: Dont Mention the War
Kerry is but half the story. 

The other concerns to be aired are the mainstream media's complicity in facilitating Keery by willful neglect to hold Kerry's feet to the fire even a tenth as much as they have held Bush accountable for virtually any accusation. No to mention there was no outcry against Fahrenheit 911. 

And there's Democrats and certain special interest parties that used legal system shenanigans in attempt to keep the voting public in the dark.

The facts presented will be news to the viewers.

Plenty of the mainstream media's lost credibility will find it's way to Sinclair's audience.

18 posted on 10/20/2004 1:51:08 PM PDT by Zon
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To: spokeshave

all this is moot.....sinclair caved in when their stock
started dropping. they are now going to show some watered-
down program..NOT "stolen honor".

when they announced that, their stock started going back up.
the kerry goons won. people need to get the VHS or DVD and
watch it for themselves. only way to see it.


19 posted on 10/20/2004 1:52:52 PM PDT by kingattax
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To: kingattax

Not true They never said they were going to show the entire documentary. Even the guy who leaked the story to the press and was fired for divulging company business never said they were going to show the entire documentary. SO the dems won nothing and they know it as well.


20 posted on 10/20/2004 1:57:33 PM PDT by Diva Betsy Ross (God bless the Swift Boat Vets!)
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