a formal complaint filed against Sinclair

[NVMojo]

I got this in email. Wanted to share it with all of you.

Dear fellow Americans:

I hope that all of you who value a free press will join with me to stop Sinclair Broadcast Group, Inc, (SBG) from illegally using corporate resources. The FCC has the power and duty to order SBG to cease and desist from this ongoing campaign that is in violation of the law. As a part of this continuing campaign Sinclair Broadcast Group, Inc. plans to show a film that denegrates a candidate for public office, John Kerry. This is nothing new, they have been doing this regularly over their 62 TV stations. Please see below:

Sam Osborne



Dear Federal Communication Commissioner Powell,

Sinclair Broadcast Group, Inc's demand to KGAN TV, Cedar Rapids, Iowa to
air the anti-Kerry film, "Stolen Honor: Wounds That Never Heal," is a
continuation of their illegal use of corporate resources in an effort to
affect this presidential election. They must be instructed to
immediately cease and desist from their illegal activity. Find below
complaint as to such activity filed with the FEC on September 28, 2004,
and with your office today by mail and earlier vie email.

Sam Osborne
Box 147 -- 654 East Main
West Branch, IA 52358
[phone]
[e-mail]

NOTICE OF FORMAL COMPLAINT

October 15, 2004

Commissioner Michael J. Copps
Federal Communication Commission
Washington, DC 20463

Dear Commissioners:

I hereby file formal complaint against Sinclair Broadcast Group, Inc. of
Baltimore, Maryland for violating federal law by using their corporate
resources in a fashion that affects the federal election for the
presidency.

This complaint is directed toward the doings of Sinclair Broadcast Group,
Inc. officials Fred Smith and Mark Hyman, and any and all corporate
officials who have participated in or authorized the illegal use of
corporate funds to affect the 2004 election for the presidency. Please
see attached germane Federal Communication Regulations.

Federal law prohibits a corporation from using its recourses in an effort
to affect federal elections. In spite of this prohibition, Sinclair
Broadcast Group, Inc. has been airing political spots on KGAN in Cedar
Rapids and other TV stations throughout the country that blatantly
disparage the presidential candidacy of John Kerry. Via their corporate
resources and using Mark Hyman's office, I have heard them make the
following comments over KGAN TV broadcast: "Simply put, John Kerry is a
deeply flawed man who has had a lengthy political career free from serious
scrutiny. But that has changed. While the partisan press has given him a
free ride, those who know better, know better. John Kerry is a gundecking
sea lawyer." And, "John Kerry may make a good president. Just not for
the U.S." And, "It also casts serious doubt on the character of a man
(Kerry) who wants to be Commander-in-Chief."

Not long ago these same officials at Sinclair Broadcast Group, Inc. (SBG)
barred their ABC affiliates from airing program material produced by a
legitimate news entity, Nightline. The ban stopped nothing more than the
airing of a tributary reading of the names of brave American service men
and women who have died in service to our country. The leadership at
Sinclair Broadcasting Group, Inc. justified this prohibition by contending
that ABC was disguising political statements as news content.

This is a corporation that in addition to owning 62 television stations
also owns an investment group that holds substantial equity in various
non-broadcasts properties. In conveying its political-attack messages
Sinclair uses its Vice President for Corporate Relations, Mark Hyman.
Hyman's duties are defined by the corporation to include developing
strategic policy, managing Federal, state and local legislative and
regulatory relations, public and media affairs, and community outreach and
charitable activities.

In this political climate, perpetrating executives at SBG may think that
they can do this because they can get away with it. Will the FEC show
itself to be a 9/11 Commission, or can those who attempt to skirt the law
count on cowardice and a couple partisan winks? I have done my part as
best I can; it is now up to you.

I subscribe and swear that this complaint is issued by me and is signed
herewith by me, Sam Osborne,


Sam Osborne
Box 147 - 654 East Main
West Branch, IA 52358
[phone]



This document is subscribed and sworn before me on this ___ day of _____,
20 ____.


cc Sen. John McCain, Sen. Russell Feingold, The Des Moines Register, The
Iowa City Press-Citizen, The Daily Iowan, Cedar Rapids Gazette, The Quad
City Times, 60 Minutes, NBC News, ABC News, Newsweek, Time Magazine, The
New York Times, The Washington Post, The Baltimore Sun, The LA Times, The
Boston Globe, The Chicago Tribune, The Detroit Free Press, USA Today, The
Philadelphia Enquirer, The Minneapolis Star Tribune, Univ. of Michigan
Journal, The Daily Ilini, CNN News.




Federal Communication Commission regulation promulgated pursiant to laws
of the United States of American:

Sec. 114.2 Prohibitions on contributions and expenditures.

(a) National banks and corporations organized by authority of any law of
Congress are prohibited from making a contribution, as defined in 11 CFR
114.1(a), in connection with any election to any political office,
including local, State and Federal offices, or in connection with any
primary election or political convention or caucus held to select
candidates for any political office, including any local, State or Federal
office. National banks and corporations organized by authority of any law
of Congress are prohibited form making expenditures as defined in 11 FR
114.1(a) for communications to those outside the restricted class
expressly advocating the election or defeat of one or more clearly
identified candidate(s) or the candidates of a clearly identified
political party, with respect to an election to any political office,
including any local, State or Federal office.

Sec. 114.1 Definitions.

(a) For purposes of part 114 and section 12(h) of the Public Utility
Holding Company Act (15 U.S.C. 79l(h))--
(1) The terms contribution and expenditure shall include any direct or
indirect payment, distribution, loan, advance, deposit, or gift of money,
or any services, or anything of value (except a loan of money by a State
bank, a federally chartered depository institution (including a national
bank) or a depository institution whose deposits and accounts are insured
by the Federal Deposit Insurance Corporation or the National Credit Union
Administration, if such loan is made in accordance with 11 CFR 100.82(a)
through (d)) to any candidate, political party or committee, organization,
or any other person in connection with any election to any of the offices
referred to in 11 CFR 114.2 (a) or (b) as applicable.

Sec. 110.11 Communications; advertising; disclaimers (2 U.S.C 441d).

(a) Scope. This section applies only to public communications, defined for
this section to include the communications at 11 CFR 100.26 plus
unsolicited electronic mail of more than 500 substantially similar
communications and Internet websites of political committees available to
the general public, and electioneering communications as defined in 11 CFR
100.29. The following types of such communications must include
disclaimers, as specified in this section:
(1) All public communications for which a political committee makes a
disbursement.
(2) All public communications by any person that expressly advocate the
election or defeat of a clearly identified candidate.
(3) All public communications by any person that solicit any contribution.
(4) All electioneering communications by any person.

[Maat]

1. Wow!

Thanks for the post!

[NVMojo]

2. hi there!

i thought it was impressive too. i think they got my name from the stopsinclair.org site or the other one that Skinner has a link to...

I don't know who this guy is but ...powerful words!!!

[Mabus]

3. and one against the producer

http://www.baltimoresun.com/news/elections/bal-kerryfilm1018,1,657834.story
Veteran files suit against producer of anti-Kerry film
Professor claims documentary libelous; Legal action against Sinclair threatened


By David B. Caruso
The Associated Press

October 18, 2004, 10:36 PM EDT

PHILADELPHIA -- A Vietnam veteran filed a libel lawsuit Monday claiming he was falsely portrayed as a fraud and a liar in a film criticizing Sen. John Kerry's anti-war activities.

Kenneth J. Campbell, now a professor at the University of Delaware, said in the suit that "Stolen Honor: Wounds That Never Heal" combines footage of him appearing at a 1971 war protest with a voice-over that claims that many of the supposed veterans who took part in the event were later "discovered as frauds" who "never set foot on the battlefield, or left the comfort of the States, or even served in uniform."

The suit said viewers would be left with the perception that Campbell had lied about his military service and encouraged others to make up stories about war atrocities.

Campbell attached copies of his military records to the suit, showing that he received the Purple Heart medal and eight other medals, ribbons and decorations for his service as an artillery forward observer in Vietnam in 1968 and 1969.

The suit names the film's producer, Carlton Sherwood, and his company, Red White and Blue Productions, as defendants.

"I'd be darned if I'm going to sit back and let someone libel me like this," said Campbell. "It paints me as having been a fabricator, a fraud and a liar."

Campbell's lawyer also threatened legal action against the Sinclair Broadcast Group, an owner of 62 television stations that has announced that it intends to pre-empt regular programing to broadcast "Stolen Honor" before the election. The 42-minute film is critical of Kerry, the Democratic presidential candidate, and his anti-war activism after he returned home from Vietnam three decades ago.

rest of story at link (need to sign up)