Reply #13: The FCC has a policy against distortion in news. [View All]

[OnyxCollie]

Unfortunately, it's the "policy" part that makes it ineffective.

http://www.foxbghsuit.com/2D01-529.pdf
NEW WORLD COMMUNICATIONS OF TAMPA, INC., d/b/a WTVT-TV V. JANE AKRE

While WTVT has raised a number of challenges to the judgment obtained
by Akre, we need not address each challenge because we find as a threshold matter
that Akre failed to state a claim under the whistle-blower's statute. The portion of the
whistle-blower's statute pertinent to this appeal prohibits retaliation against employees
who have “isclosed, or threatened to disclose,” employer conduct that “is in violation
of” a law, rule, or regulation. § 448.102(1)(3). The statute defines a “law, rule or
regulation” as “includ any statute or . . . any rule or regulation adopted pursuant to
any federal, state, or local statute or ordinance applicable to the employer and
pertaining to the business.” § 448.101(4), Fla. Stat. (1997). We agree with WTVT that
the FCC’s policy against the intentional falsification of the news – which the FCC has
called its “news distortion policy” – does not qualify as the required “law, rule, or
regulation” under section 448.102.

Akre argues that the FCC’s policy is a rule as defined by section
120.52(15), Florida Statutes (1997), which provides:

“Rule” means each agency statement of general applicability
that implements, interprets, or prescribes law or policy or
describes the procedure or practice requirements of an
agency and includes any form which imposes any
requirement or solicits any information not specifically
required by statute or by an existing rule.

Even if we agreed with Akre that the FCC’s news distortion policy was a “rule” as
defined by section 120.52(15), her argument overlooks the fact that the whistle-blower's
statute specifically limits the definition of “rule” to an “adopted” rule. § 448.101(4). “This
limitation to ‘adopted’ material only appears deliberate, and well serves the public by
hinging civil liability upon matters of which due notice, actual or imputed, has been
conveyed.” Forrester v. John B. Phipps, Inc., 643 So. 2d 1109 (Fla. 1st DCA 1994).

Because the FCC’s news distortion policy is not a “law, rule, or regulation”
under section 448.102, Akre has failed to state a claim under the whistle-blower's
statute. Accordingly, we reverse the judgment in her favor and remand for entry of a
judgment in favor of WTVT.

Reversed and remanded.

If you want to have something done about lies in the news, go after the foundations that provide the content.

http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html
Exemption Requirements - Section 501(c)(3) Organizations

To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.

The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.

This isn't easy, however. First, you would have to get a congressman's attention, then the congressman would have to contact the GAO, the GAO would have to investigate, then the GAO would have to contact the IRS to investigate. Ultimately, the IRS would have to determine if the message is image-based advertising (tax-deductible) or if it's issue-based advertising (taxable) and the IRS isn't really suited for that.