Sinclair Broadcasting Group Poised to Break Election Laws

http://www.nytimes.com/2004/10/19/politics/campaign/19vet.html

A veteran shown in a new film critical of Senator John Kerry's anti-Vietnam War activism is suing the producer of the movie, saying it libels him by deceptively editing his statements.

The suit, filed yesterday in Philadelphia, involves the film "Stolen Honor: Wounds That Never Heal," which accuses Mr. Kerry, the Democratic nominee for president, and the antiwar group he joined of making up the accounts of wartime atrocities that Mr. Kerry later talked about in his 1971 Senate testimony. The Sinclair Broadcast Group has asked its 62 television stations to show the movie this week.

The veteran who brought the suit, Kenneth J. Campbell, is shown saying he was not at one of the massacres later discussed, and asking another veteran whether he could produce accounts of the massacre.

A lawyer for Mr. Campbell, a decorated marine who is now a professor at the University of Delaware, said the film was edited to take out footage in which Mr. Campbell made clear that only soldiers who witnessed the atrocities firsthand would be allowed to testify at the hearings, and footage in which he recounted his military superiors ordering him to kill innocent civilians.

"It edits little clips to make it look like they're just making up instances," said the lawyer, David Kairys, who said Mr. Campbell was not connected with the Kerry campaign.

The film's producer, Carlton A. Sherwood, said in a statement that the complaint was "completely baseless." He said Mr. Campbell was not identified by name in the film.

Lawyers for Mr. Campbell sent letters to Sinclair and to a theater near Philadelphia that was planning to show the film on Tuesday, warning them that the film was defamatory. The theater canceled the showing, citing "pending litigation."

Meanwhile, Jonathan Lieberman, the Washington bureau chief for Sinclair's news division, told CNN last night that he had been fired for publicly objecting to the decision to present the film as news, not commentary, and to run it so close to the election.

http://mediamatters.org/items/200410200001

Sinclair Drops Plan to Air Full Anti-Kerry Film

Move Sparked by Threat of Shareholder Lawsuit Underwritten by Media Matters for America

(Washington, DC, October 19, 2004) -- At approximately 3:45 p.m. (EDT) on October 19, a representative of Sinclair Broadcast Group Inc. called Mr. Jim Glickenhaus, a general partner in the Wall Street investment firm Glickenhaus & Co., to state that a response was forthcoming to a demand letter submitted earlier in the day by Glickenhaus, whose firm holds 6,100 shares of Sinclair stock. The demand letter, underwritten by Media Matters for America (MMFA), threatened legal action if Sinclair aired the anti-Kerry documentary Stolen Honor: Wounds That Never Heal on all 62 of its stations reaching up to 25 percent of U.S. TV households.

At approximately 4 p.m., Sinclair representatives faxed Glickenhaus a statement declaring that Sinclair Broadcast Group will not be airing Stolen Honor in its entirety, but will instead air a "news special" to be "produced with the highest journalistic standards and integrity."

Both Glickenhaus and MMFA agree that Sinclair's decision satisfies the basic request in Glickenhaus's demand letter. In his letter, Glickenhaus demanded that Sinclair either not broadcast Stolen Honor or "provide those with views opposed to the allegations in the film an equal opportunity to respond."

"Sinclair has finally acknowledged that its decision to air Stolen Honor was untenable," explained MMFA President and CEO David Brock. "Backing away from its original decision reflects the power of both the marketplace, which has severely punished Sinclair for its actions; the grassroots actions that have put pressure on Sinclair for the past two weeks; and the serious threat of litigation on the part of shareholders that have been grievously damaged by the precipitous drop in Sinclair stock since the company first announced its intentions."

Glickenhaus immediately faxed an acknowledgment to Sinclair CEO David D. Smith in which he stated:

"We trust from the press release that Sinclair will ensure that the program is fair, balanced, and provides a meaningful opportunity for participation by those with opposing points of view, regardless of whether they may be part of any particular campaign. We will be watching the events unfold over the next three days to confirm that Sinclair stays on the course it described in its response to me and presents a fair and impartial program."

Sinclair's stock has fallen 17 percent, costing shareholders $105 million, since Sinclair's decision to air Stolen Honor in its entirety first became public.

Although Sinclair altered its programming content, both Glickenhaus and MMFA fully intend to closely monitor Sinclair's new program, titled A POW Story: Politics, Pressure and the Media. Should the program fall outside the boundaries of fairness and impartiality outlined in the demand letter, legal action may resume. The legal work for this successful action was undertaken by Dan Johnson and Tom Wardell, of the Washington DC-based firm of McKenna Long & Aldridge LLP.

Posted to the web on Tuesday October 19, 2004 at 10:28 PM EST

But late Tuesday afternoon, Sinclair announced that this Friday most of its stations will air "a special one-hour news program entitled A POW Story: Politics, Pressure and the Media." It said the program "will focus in part on the use of documentaries and other media to influence voting." Sinclair said portions of Stolen Honor would be shown, but only as part of "the broader discussion" about the media.