October 16th, 2002

NEWS RELEASE

Stanley for U.S. Senate
Web site:http://www.stanley2002.org
Contact: Rick Stanley
Campaign office: 303.329.0481
Email:rick@stanley2002.org

========================================================

SUPPORTER RESPONSE TO SEEBECK

Rick Stanley, Libertarian Party Candidate for U.S. Senate, Activist/Organizer of the Bill of Rights Rallies, Activist/Organizer of the Million Gun March Petition and Activist/Organizer of the Patriot Files made the following statement to the media:

Here is a response from one of my supporters to Mr. Mike Seebeck's newspaper comment:

Mr. Seebeck, are you afraid of what the outcome might be to all candidates & those that are to follow???

Every time Mr. Stanley does something to bring attention to this party you send out press releases stating it has nothing to do with the LP party. What Mr. Stanley is doing for this party is much more then I have seen from the LPCO chapter, affiliate etc.

Do you think this lawsuit will only benefit Mr. Stanley? It will benefit all candidates after him Mr. Seebeck, and YOU want to make sure that the LP party is known to have nothing to do with this. Why wouldn't this party want to be associated with something that is beneficial in our fight for real freedom?

Not being included or represented by those of the media are indeed breaking FCC rules that govern them. They are not "shortsighted" they are breaking the law.

Once again, out of his unselfishness, Mr. Stanley presents to the people another unfair occurrence against this party. Laying it on the line, and suing them. Not for his "right to press" in this election. He is for the "right to press" for all of our candidates in the future.

You state that "we reluctantly accept that inclusion won't happen" if this is the case then why didn't the LPCO take on these broadcasters?

You also stated in your press release:

"We do not in any way have nor want any association with Mr. Stanley's lawsuit. Mr. Stanley has filed this lawsuit on his own behalf only and not on the behalf of the Libertarian Party of Colorado or any of its affiliates. Further, Mr. Stanley does not speak for the Libertarian Party of Colorado or its affiliates."

If YOU are representing my views as a member of this party, shouldn't you ask first before including those that DO NOT AGREE with your release????

For those of you who do not understand the processes being brought before the court, here is something for you to review.
http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html

These are excerpts from several documents, most of them coming from the above link.

Thanks alot folks
Dana

1. 1Petitioners are the Radio-Television News Directors Association ("RTNDA"), the National Association of Broadcasters ("NAB"), and the Freedom of Expression Foundation, Inc ("FEF").

2. 2 Specifically, the political editorial rule provides, in part, that:

[w]here a licensee, in an editorial ... [e]ndorses or ... [o]pposes a legally qualified candidate[,] ... the licensee shall, with[in] 24 hours after the editorial, transmit to [the endorsed or opposed candidate] ... (A) [n]otification of the date and the time of the editorial, (B) [a] script or tape of the editorial and (C) [a]n offer of reasonable opportunity for the candidate or a spokesman of the candidate to respond over the licensee's facilities.
47 C.F.R. s 73.1930(a).

The Federal Communications Commission has for many years imposed on radio and television broadcasters the requirement that discussion of public issues be presented on broadcast stations, and that each side of those issues must be given fair coverage. This is known as the fairness doctrine, which originated very early in the history of broadcasting and has maintained its present outlines for some time. It is an obligation whose content has been defined in a long series of FCC rulings in particular cases, and which is distinct from the statutory [370] requirement of 315 of the Communications Act [note 1] that equal time be allotted all qualified candidates for public office. Two aspects of the fairness doctrine, relating to personal attacks in the context of controversial public issues and to political editorializing, were codified more precisely in the form of FCC regulations in 1967. The two cases before us now, which were decided separately below, challenge the constitutional and statutory bases of the doctrine and component rules. Red Lion [371] involves the application of the fairness doctrine to a particular broadcast, and RTNDA arises as an action to review the FCC's 1967 promulgation of the personal attack and political editorializing regulations, which were laid down after the Red Lion litigation had begun.

When a personal attack has been made on a figure involved in a public issue, both the doctrine of cases such as Red Lion and Times-Mirror Broadcasting Co., 24 P & F Radio Reg. 404 (1962), and also the 1967 regulations at issue in RTNDA require that the individual attacked himself be offered an opportunity to respond. Likewise, where one candidate is endorsed in a political editorial, the other candidates must themselves be offered reply time to use personally or through a spokesman. These obligations differ from the general fairness requirement that issues be presented, and presented with coverage of competing views, in that the broadcaster does not have the option of presenting the attacked party's side himself or choosing a third party to represent that side. But insofar as there is an obligation of the broadcaster to see that both sides are presented, and insofar as that is an affirmative obligation, the personal attack doctrine and regulations do not differ from the preceding fairness doctrine. The simple fact that the attacked men or unendorsed candidates may respond themselves or through agents is not a critical distinction, and indeed, it is not unreasonable for the FCC to conclude that the objective of adequate presentation of all sides may best be served by allowing those most closely affected to make the response, rather than leaving the response in the hands of the station which has attacked their candidacies, endorsed their opponents, or carried a personal attack upon them.

Personal Attacks. Personal attacks occur when, during the presentation of views on a controversial issue of public importance, someone attacks the honesty, character, integrity, or like personal qualities of an identified person or group. No more than a week after a personal attack, the station must transmit the following three things to the person or group attacked: (1) notification of the date, time, and identification of the broadcast; (2) a tape, script or accurate summary of the attack; and (3) an offer of a reasonable opportunity to respond on the air.

Political Editorials. A political editorial is when a station endorses or opposes a legally qualified candidate(s) during a broadcast of its own opinion. (The opinions of other people broadcast over the station are referred to as "comments" or "commentary"). Whether a statement of opinion is an editorial or a commentary will usually be made clear at the beginning of the statement. Within 24 hours after the editorial, the station must transmit the following three things to the other qualified candidate(s) for the same office, or to the candidate(s) that were opposed: (1) notification of the date and time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.

a.. Broadcasts by Candidates for Public Office. When a qualified candidate for public office has been permitted to use a station, the Communications Act requires the station to "afford equal opportunities to all other such candidates for that office." The Act also states that the station "shall have no power of censorship over the material broadcast" by the candidate. We do not consider either of the following two categories as a "use" that is covered by this rule:

a.. An appearance by a legally qualified candidate on a bona fide newscast, interview or documentary (if the appearance of the candidate is incidental to the presentation of the subject covered by the documentary); or

b.. on-the-spot coverage of a bona fide news event (including political conventions and related incidental activities).

a.. Political Editorials. Within 24 hours of airing an editorial where the station itself either supports or opposes a candidate for public office, it must transmit the following three things to the other qualified candidate(s) for the same office or to the candidate who was opposed in the editorial: (1) notification of the date and the time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.
Political File. Stations must keep a file containing records of all requests for broadcast time made by or for a candidate for public office. The file must identify how the station responded to such requests and (if the request was granted) the charges made, a schedule of the time purchased, the times the spots actually aired, the rates charged, and the classes of time purchased. The file must also reflect any free time provided to a candidate. The station must keep the political records for two years after the spot airs. You can find the political broadcasting rules elsewhere in this manual.

Business Practices, Advertising Rates, and Profits. Except with respect to political advertisements, we do not regulate a station's advertising rates or its profits. Rates charged for broadcast time are matters for negotiation between sponsors and stations. Further, except for certain classes of political advertisements (which we discuss elsewhere in this manual), stations are free to accept or reject any advertising.

As they now stand amended, the regulations read as follows:

"Personal attacks; political editorials.
"(a) When, during the presentation of views on a controversial issue of public importance, an attack is made upon the honesty, character, integrity or like personal qualities of an identified person or group, the licensee shall, within a reasonable time and in no event later than 1 week after the attack, transmit to the person or group attacked (1) notification of the date, time and identification of the broadcast; (2) a script or tape (or an accurate summary if a script or tape is not available) of the [374] attack; and (3) an offer of a reasonable opportunity to respond over the licensee's facilities.

"(b) The provisions of paragraph (a) of this section shall not be applicable (1) to attacks on foreign groups or foreign public figures; (2) to personal attacks which are made by legally qualified candidates, their authorized spokesmen, or those associated with them in the campaign, on other such candidates, their authorized spokesmen, or persons associated with the candidates in the campaign; and (3) to bona fide newscasts, bona fide news interviews, and on-the-spot coverage of a bona fide news event (including commentary or analysis contained in the foregoing programs, but the provisions of paragraph (a) of this section shall be applicable to editorials of the licensee).

"NOTE: The fairness doctrine is applicable to situations coming within [(3)], above, and, in a specific factual situation, may be applicable in the general area of political broadcasts [(2)], above. See, section 315 (a) of the Act, 47 U.S.C. 315 (a); Public Notice: Applicability of the Fairness Doctrine in the Handling of Controversial Issues of Public Importance. 29 F. R. 10415. The categories listed in [(3)] are the same as those specified in section 315 (a) of the Act.

"(c) Where a licensee, in an editorial, (i) endorses or (ii) opposes a legally qualified candidate or candidates, the licensee shall, within 24 hours after the editorial, transmit to respectively (i) the other qualified candidate or candidates for the same office or (ii) the candidate opposed in the editorial (1) notification of the date and the time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for a candidate or a spokesman of the candidate to respond over the [375] licensee's facilities: Provided, however, That where such editorials are broadcast within 72 hours prior to the day of the election, the licensee shall comply with the provisions of this paragraph sufficiently far in advance of the broadcast to enable the candidate or candidates to have a reasonable opportunity to prepare a response and to present it in a timely fashion." 47 CFR 73.123, 73.300, 73.598, 73.679 (all identical).

Believing that the specific application of the fairness doctrine in Red Lion, and the promulgation of the regulations in RTNDA, are both authorized by Congress and enhance rather than abridge the freedoms of speech and press protected by the First Amendment, we hold them valid and constitutional, reversing the judgment below in RTNDA and affirming the judgment below in Red Lion.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/redlion.html

The Personal Attack Rule
47 CFR Sec. 73.1920
(a) When, during the presentation of views on a controversial issue of public importance, an attack is made upon the honesty, character, integrity or like personal qualities of an identified person or group, the licensee shall, within a reasonable time and in no event later than one week after the attack, transmit to the persons or group attacked:

(1) Notification of the date, time and identification of the broadcast;
(2) A script or tape (or an accurate summary if a script or tape is not available) of the attack; and
(3) An offer of a reasonable opportunity to respond over the licensee's facilities.
(b) The provisions of paragraph (a) of this section shall not apply to broadcast material which falls within one or more of the following categories:
(1) Personal attacks on foreign groups or foreign public figures;
(2) Personal attacks occurring during uses by legally qualified candidates.
(3) Personal attacks made during broadcasts not included in paragraph (b)(2) of this section and made by legally qualified candidates, their authorized spokespersons, or those associated with them in the campaign, on other such candidates, their authorized spokespersons or persons associated with the candidates in the campaign; and
(4) Bona fide newscasts, bona fide news interviews, and on-the-spot coverage of bona fide news events, including commentary or analysis contained in the foregoing programs.
(c) The provisions of paragraph (a) of this section shall be applicable to editorials of the licensee, except in the case of noncommercial educational stations since they are precluded from editorializing (section 399(a), Communications Act).
(43 FR 45856, Oct. 4, 1978, as amended at 44 FR 45956, Aug. 6, 1979)

--------------------------------------------------------------------------------

The Political Editorial Rule
10 CFR Sec. 73.1930
(a) Where a licensee, in an editorial,
(1) Endorses or,
(2) Opposes a legally qualified candidate or candidates, the licensee shall, with 24 hours after the editorial, transmit to, respectively,
(i) The other qualified candidate or candidates for the same office or,
(ii) The candidate opposed in the editorial,
(A) Notification of the date and the time of the editorial,
(B) A script or tape of the editorial and
(C) An offer of reasonable opportunity for the candidate or a spokesman of the candidate to respond over the licensee's facilities. Where such editorials are broadcast on the day of the election or within 72 hours prior to the day of the election, the licensee shall comply with the provisions of this paragraph sufficiently far in advance of the broadcast to enable the candidate or candidates to have a reasonable opportunity to prepare a response and to present it in a timely fashion.
(b) Inasmuch as noncommercial educational stations may not engage in editorializing nor may support nor oppose any candidate for political office (section 399, Communications Act), the provisions of paragraph (a) of this section, do not apply to such stations.
(43 FR 45856, Oct. 4, 1978, as amended at 47 FR 3791, Jan. 27, 1982; 51 FR 9965, Mar. 24, 1986)

--------------------------------------------------------------------------------

The "Equal Time" Law
47 USC 1A315
(a) If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station 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 a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.
(b) The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed--
(1) during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and
(2) at any other time, the charges made for comparable use of such station by other users thereof. (c) For purposes of this section--
(1) the term "broadcasting station" includes a community antenna television system; and
(2) the terms "licensee" and "station licensee" when used with respect to a community antenna television system mean the operator of such system.
(d) Rules and regulations
The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

--------------------------------------------------------------------------------

The Federal Candidate Access Law
47 USC 1A312
(a) the Commission may revoke any station license or construction permit--
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy.

##30##

========================================================
Rick Stanley is the Libertarian Party's candidate for U.S. Senate (Colorado) in this year's election. More information about Rick's campaign can be found on his web site located at http://www.stanley2002.org. To schedule media interviews please contact Rick at 303.329.0481.

For information about the Libertarian Party of Colorado please visit http://www.lpcolorado.org. For information about the Libertarian Party of America please visit http://www.lp.org