While I was researching a piece last September about Sinclair Broadcasting's illegal TV ownership shell game, I stumbled into a Supreme Court case. Donald Trump's Federal Communications Commission Chair, Ajit Pai, had filed a case at SCOTUS, Federal Communications Commission v. Prometheus Radio Project [PDF], which would allow one media conglomerate to own the local newspaper, 2 network TV stations, 1-2 additional TV stations, and 8 radio stations --- all in the same community.

The Third Circuit U.S. Court of Appeals had previously found, in 2017, that the FCC failed to adequately study the matter before making the rules change that would adversely affect ownership of media outlets by women and minorities.

But the danger of the scheme to all of us was immediately apparent. Imagine the potential for propaganda by allowing one company to control the local reporters in virtually every media outlet in a single town!

I had already discovered that Sinclair Broadcasting was illegally controlling three TV stations in Columbus, Ohio, and doing little more than duplicating local news content across all three stations. So, on advice of my colleague and friend Brad Friedman, I began writing an Amicus ("Friend of the Court") brief in the case to inform the U.S. Supreme Court of this and other related information.

My first step was to find the research papers the FCC had done on the topic before its Chair --- on behalf of we, the people --- filed its case with SCOTUS. To my surprise, however, I found there were none. Zip, nada, nothing. The FCC was literally taking a case to the Supreme Court in which it had done no independent research at all...

Baltimore's crowded TV market highlights the shell game that media goliath Sinclair Broadcasting plays across the nation to illegally dominate the information Americans can consume over our public airwaves. The agency tasked with overseeing those airwaves, the Federal Communications Commission (FCC) has long turned a blind eye to allow Sinclair, the very powerful purveyor of rightwing propaganda, to violate US law.

Congress passed the Telecommunications Act [PDF] so no single television company could dominate the news and information available to "We the People" in any single market or even nationwide. Under the law, a single TV company is permitted to reach no more than 39% of viewers in the United States over all. In a single local broadcast market, one company may apply to own two stations --- if there are nine or more stations in that market.

Baltimore has just eight stations, and three of them are actually owned by Sinclair: WBFF, WNUV, and WUTB.

Sinclair lawyers (who also represent Cunningham Broadcasting and Deerfield Media) will say Sinclair owns WBFF, Cunningham owns WNUV and Deerfield owns WUTB. But, in a September 1 legal Petition to Deny the renewal of all three stations' licenses, due to both the shell game and the lies Sinclair has told to protect its unlawful ownership, Republican attorney Art Belendiuk researched Securities and Exchange Commission (SEC) documents to prove that both Deerfield and Cunningham are actually both controlled by Sinclair.

"Sinclair controls three television stations in Baltimore, while the FCC rules do not permit it to control more than one," the petition, filed on behalf of local viewer Ihor Gawdiak, argues, while detailing how the shell game of nominal ownership by the other two companies is simply meant to mask Sinclair's violation of federal law...

On October 24, 1998, a group of activists from across the United States gathered in Washington DC to protest the Ken Starr investigation into Bill Clinton in the first rally ever organized on the Internet.

Darrell Hampton's umbrella group "We the People" was generally outraged at Starr's excesses; White House staffer Bob Weiner railed against Ken Starr for subpoenaing him for eating ice cream with a fellow Democrat; the fledgling group "Censure and MoveOn" (later to become MoveOn.org) was featured; and my "Truth in America Project" focused on the biased media promoting the investigation, media which had recently gained its dominance from the 1996 Telecommunications Act.

We all understood the long drawn out Grand Jury investigation of Bill Clinton had found no crimes, and so Starr et al manufactured a perjury trap to have an excuse to impeach the President. As I said on the Ellipse in front of the White House, "Is it okay for a big government attorney to work with a private civil lawyer to see if they can figure out a way to get a man to lie about his sex life so they can prosecute him for it?"

But what was just coming to light, and what has had a lasting damaging legacy, is the effect of the 1996 Telecommunications Act on our political landscape.

Brief history: When radio and television were first invented, broadcast pioneers and government officials recognized that radio had the potential to entertain and inform, but when used improperly, also to brainwash a population. So Congress passed the 1934 Communications Act, which limited any one owner in the United States to owning just 9 stations nationwide: 3 AM radio stations, 3 FM radio stations, 3 TV stations. The thinking was that by having multiple local owners, no one person could dominate the (publicly owned) airwaves with political rhetoric.

Ah, those were the days...

There has been a battle between Elizabeth Warren v. Mark Zuckerberg and Facebook since the social media giant started accepting incendiary paid advertisements from President Donald Trump in which his campaigns makes claims about former Vice President and Presidential candidate Joe Biden that are, to put it mildly, less than true.

Recently, Warren, in a gutsy move, shot back with an ad that willfully lied about Zuck and Trump so she could make a valid point about Facebook's recent policy of allowing candidates' ads to run on Facebook without any vetting of facts.

What is really at issue is whether laws developed for local broadcast licensees can --- or should --- apply to social media platforms and, really, whether any outlets should be allowed to make billions of dollars knowingly running ads that lie and purposely misinform the public.

In her ad, Warren first claims "Breaking news: Mark Zuckerberg and Facebook have endorsed Trump for re-election!" Then she writes, "you might be thinking, how could this possibly be true? Well, it's not. (sorry.)" Warren goes on to make the point that what the Facebook CEO is doing in avoiding responsibility for all fact-checking on the massive social media site is giving Trump permission to lie --- so long as he pays Facebook "gobs of money" to spread those lies to voters. She draws a distinction between the way TV networks and Facebook are handling the ads: "If Trump tries to lie in a TV ad, most networks will refuse to air it. But Facebook just cashes Trumps checks."

Facebook responded, ironically enough, in a tweet...

Two days before Thanksgiving, the Federal Communications Commission announced [PDF] it will vote December 14 on a new Federal rule that may very easily take away our Freedom of Speech on the Internet.

That's not an exaggeration.

The three Republican presidential appointees on the FCC will pass a federal rule that could result in any content provider with a website or app --- from AirBnb to Zillow to The BRAD BLOG --- being forced to pay your Internet Service Provider big fees for the privilege of bringing their content onto your device or computer. If they don't pay up, their content slows down, and you can't get the content you want unless you wait. And wait. Research shows if you wait just ten seconds, many just give up. It's not so bad for content from well-funded players, but what happens when the guy who blogs about your local school board gets shut out? Chalk another one up for Big Media controlling what information we are allowed to see...

Over the weekend, Dan Morain, editorial page editor at Sacramento Bee, wrote an article about what I've been working on, and writing about here at The BRAD BLOG and elsewhere, for many years now.

Morain's article starts this way:

It's a very nice article, that begins with a tragic story. That story, however, now has at least a somewhat encouraging ending for, yes, We the People.

Here's what happened...

Republican Presidential contenders Donald Trump and Ted Cruz are at war over what they charge to be false political ads against each other. It's one battle in this bizarre and contentious campaign year which could actually benefit us all.

The Cruz campaign has been running a series of attack ads about Trump's position on abortion, which Politifact reviewed and described as "flawed." In response to what he calls Cruz' "lying ads", Trump has threatened to file a suit charging that Cruz, who was born in Canada, may not be eligible for the Presidency.

Meanwhile, a SuperPAC called the American Future Fund ran an attack ad against Cruz calling him "weak" on defense, which the group Fact Check reviewed and found to be "misleading." Cruz' response was to have his attorneys write a sternly worded letter to the TV stations running the ad against him, demanding they pull it, citing FCC public interest obligations and more.

"Because this advertisement makes a flatly false factual claim for which your station is ultimately liable," the Cruz attorneys wrote, "we strongly urge you to exercise your discretion as a licensee to refuse to continue to broadcast this advertisement, and, because it is already airing, immediately pull the advertisement from your rotation."

In this case, the Cruz attorneys are right, at least in regard to the legal issues at stake...

It's been an entire year since the First Amendment suffered a gigantic blow as a result of the 2012 Scott Walker recall campaign in Wisconsin, though it's one that very few Americans above and beyond astute BRAD BLOG readers, even know about. And now, there is another threat to Free Speech, stemming from that same recall of GOP Presidential hopeful Walker looming at the Wisconsin State Supreme Court.

Walker's attorneys are now arguing at the Wisconsin State Supreme Court that it is a violation of the First Amendment rights to even investigate whether the Walker campaign broke state law by the controversial candidate personally soliciting funds from non-profit, tax-exempt 501(c)(4) groups so donors to his campaign could remain secret. In a separate gambit, they also tried to make that case to the United States Supreme Court, which early Monday sent the case back to Wisconsin.

And it now appears that Right Wing Radio talkers --- at the core of a very real First Amendment blow suffered one year ago --- are, once again, in the thick of all of it.

This is all related to what Media Action Center (MAC) members discovered during the 2012 recall campaign when talk hosts on Wisconsin radio giants WTMJ and WISN gave hundreds of hours of free airtime for GOP luminaries like Republican National Committee Chair Reince Priebus and Wisconsin GOP Vice Chair Brian Schimming in order to promote and recruit volunteers for Walker during that contentious campaign....

The 2014 FCC has now spoken [PDF] in response to a complaint filed by my not-for-profit, the Media Action Center (MAC). Unfortunately, their response comes as little surprise.

It might, however, come as a surprise to the 1972 FCC. That year, the Federal Communications Commission discussed a ruling that became known as the "Zapple Doctrine". The rule extended the federal agency's interpretation of the equal time provisions, Section 315 of the Communications Act, to apply to supporters of candidates, as well as candidates themselves. If airtime was granted to a candidate over the public airwaves, equal time had to be made available to his or her opponent, if it was requested.

Zapple expanded the equal time provision to apply to supporters of candidates as well. It only made common sense, as the FCC explained in 1972...

"Exaggerated, hypothetical situations that would never arise?" Really? "No licensee would try to act in such an arbitrary fashion"?

Hey, 1972 FCC, please meet the 2014 FCC.

On May 8, 2014, the FCC, issued their response to MAC's complaint, filed after we discovered that two Milwaukee, Wisconsin powerhouse radio stations were giving millions of dollars in free airtime to supporters of GOP gubernatorial candidate Scott Walker, and not allowing supporters of his Democratic opponent any free airtime at all --- all in rather clear violation of the FCC's Zapple Doctrine...

Guess who is popping the champagne cork over this week's Supreme Court ruling in McCutcheon vs. FEC, which will allow wealthy individuals to donate virtually unlimited dollars to candidates, political parties, and political action groups?

Why, broadcasters, of course. The same companies which operate on our publicly owned airwaves stand to gain the most from McCutcheon and its earlier obscene counterpart, Citizens United.

On Thursday, the radio industry newsletter Inside Radio wrote [subscription req'd] that the McCutcheon decision was "likely to boost [ad] spending" in 2014. They explain that the 2010 Citizens United decision "opened the floodgates to more dollars in politics and the result was record campaign spending on radio in 2012." They predict that the Court's ruling this week "could help spur even more spending."

In another piece this week [also subscription req'd] the newsletter trumpets:

$180 million? That's chump change when it comes to what the television industry stands to make. Bloomberg reports that TV stations will make in excess of $2.5 billion --- with a "B" --- from political ad sales in 2014. And that's nothing compared to what they expect to make in 2016 during a Presidential race.

And of course, many, if not most of those ads mislead or outright lie to the very public in whose interest the broadcasters are licensed to serve.

Am I the only one who sees something wrong with this picture?

Overturning Citizens United and McCutcheon may take years, decades even, if it ever happens at all. But given that We the People have real power as the owners of the airwaves, I see some ways we can reduce at least some of the political ad spending, and perhaps take a lot of money out of politics...

The question I hear time and time again from audiences who see my documentary film, Broadcast Blues is, "Why did you leave your lucrative career in broadcasting to become a media reform activist?"

The truth is that, once upon a time, I worked in a newsroom where a corporate owner ordered me, a reporter, to skew my reporting to purposely make a man on trial for murder --- look guilty.

In an instant, my entire life changed. The trust I'd had in my news organization vanished. And the deeper I looked into the way corporate owners manage the message they want the public to hear, the more disillusioned I became.

There is more to that story --- so much more --- but you'll have to wait for me to finish my book to get all the chilling details on it.

But this is the kind of story that many reporters could tell, if only they dared. But when they dare, as Jane Akre and Steve Wilson did, they can get fired for telling the truth. (Who can forget the story of these Fox affiliate investigative reporters who tried to report on Monsanto Bovine Growth Hormone being injected into cattle, only for it to then be found in the milk supply, which experts said could cause cancer? WTVT fired them after Monsanto complained to Fox "News" chief Roger Ailes.) The reporters filed a whistleblower suit, and Akre won. But Fox won in the end, by getting a court order that, legally, news does not have to be true. Akre and Wilson lost not only their jobs, but ended up having to pay Fox' attorney fees. (See my story from Broadcast Blues on this case, including courtroom footage here.)

This is the kind of information I suspect the FCC was hoping to tease out in their planned "Multi-market Study of Critical Information Needs" [PDF] which, as I wrote last week at The BRAD BLOG, sparked a right wing firestorm in recent weeks when Republican FCC Commissioner Ajit Pai went public with a Wall Street Journal op-ed accusing his colleagues of "meddling with the news" by simply asking voluntary questions of newsrooms. The study was part of the FCC's statutory requirement to report to Congress every three years, as they have for decades, on identifying "barriers to entry into the communications marketplace faced by entrepreneurs and other small businesses."

The question for reporters from the CIN study that was most disturbing to Pai: "Have you ever suggested coverage of what you consider a story with critical information for your customers that was rejected by management?"...

The entire right-wing mediasphere flexed its powerful muscles last week against its only regulator, the Federal Communications Commission.

It started when the new Republican FCC Commissioner, Ajit Pai, ignored traditional inter-agency channels and went straight to the Rupert Murdoch-owned Wall Street Journal to accuse his colleagues of "meddling with the news."

That was all it took.

Pai's beef? That the FCC would be conducting a "Multi-Market Study of Critical Information Needs" (CIN) to question radio and TV reporters and editors about how they determine which stories to run and which not to run. The study would also ask ask about "perceived station bias" and "perceived responsiveness to underserved populations."

As I reported at The BRAD BLOG way back in 2011, "The FCC is tasked with making sure the broadcast media --- via the limited broadcast spectrum which is owned by we, the people --- serves the public interest. Every four years, as required by the 1996 Telecommunications Act, the FCC must revisit the issue of public interest in media ownership." Despite the right wing hyperventilation over the nefariousness of the CIN study, it's simply part of the FCC's statutory mandate, as explained here.

What's most interesting, however, is that Pai enlisted the very same right wing Pied Pipers who have long taken control of and, indeed, dominate the very airwaves we ALL own, and which most of us agree need more diversity and public oversight --- in hopes of intimidating the new Democratic FCC Chair Tom Wheeler into providing less diversity and public oversight.

That bit of upside-down policy jujitsu was, ironically enough, enabled by the tremendous power of broadcasting over our publicly-owned airwaves.

Following the siren call of Pai's piping, both Rush Limbaugh and Glenn Beck dutifully took to those airwaves coast-to-coast to work their 30 million or so radio listeners into a frenzy to prevent the FCC from following the agency's decades-long mandate for determining whether local broadcast news organizations are serving the "public interest" or whether they are merely producing news stories mandated by their corporate owners.

Pai's ploy appears to have worked...

The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.

One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?

More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?

After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...

There is a little known ritual that occurs in the election years when Democrats prevail: Big "Conservative" Media starts to pull progressive talk radio off the air.

I documented this in my 2009 documentary film, Broadcast Blues: after Democratic candidates made big gains in 2006, Clear Channel and other public airwaves radio licensees pulled several well performing progressive talk radio stations off the air, and replaced them with sports and other programming. It would be easier to understand if the new programs got big ratings bumps, but that didn't happen. The new shows' ratings are typically only half those of Progressive Talkers.

True to form, Clear Channel Communications, which owns about 850 radio stations nationwide, took the Progressive voices off of the public airwaves in Portland, Oregon just days after Democrats won big nationwide. When devoted listeners tuned in to Portland's 620 AM, they expected to hear Thom Hartmann, Mike Malloy and other Progressives waxing exuberant in the wake of this year's election results and looking forward to new possibilities in the new session of Congress under a wildly popular re-elected President. Instead, they heard fans exuberant over some football game or other. FoxSports620 now broadcasts over that 25,000 watt frequency on our public airwaves.

Bye bye lefty talk, hello left-handed quarterbacks.

It isn't like Portland needs another sports radio station; there are already two in that very same market. But the community does need to hear an alternative to the "conservative" talk which is broadcast on eight, count them, eight separate frequencies on Portland's radio dials.

But as of November 9th, as reported here on The BRAD BLOG, Portland joined the ranks of the other 95% of the country which can hear many stations spewing Right Wing propaganda [PDF], but not a single one broadcasting progressive points of view. A few days later, we learned that the CBS-owned Progressive station in Seattle --- also in one of the most progressive cities in the nation --- is scheduled to disappear, most likely on the first of the year. It's KPTK caller letters have already been changed to KFNQ (Fan Q) in preparation for the all sports station it is scheduled to soon become, unless something changes.

Take a look at these maps from Broadcast Blues, graphically representing the number of Rightwing vs. Progressive radio stations as of 2009....