The court reversed the $425,000 jury verdict
in favor of journalist Jane Akre who charged she was pressured by Fox
Television management and lawyers to air what she knew and documented
to be false information. The ruling basically declares it is
technically not against any law, rule, or regulation to deliberately
lie or distort the news on a television broadcast.
On August 18, 2000, a six-person jury was unanimous in its conclusion
that Akre was indeed fired for threatening to report the station's
pressure to broadcast what jurors decided was "a false, distorted, or
slanted" story about the widespread use of growth hormone in dairy
cows. The court did not dispute the heart of Akre's claim, that Fox
pressured her to broadcast a false story to protect the broadcaster
from having to defend the truth in court, as well as suffer the ire of
irate advertisers.
Fox argued from the first, and failed on three separate occasions, in
front of three different judges, to have the case tossed out on the
grounds there is no hard, fast, and written rule against deliberate
distortion of the news. The attorneys for Fox, owned by media baron
Rupert Murdock, argued the First Amendment gives broadcasters the
right to lie or deliberately distort news reports on the public airwaves.
In its six-page written decision, the Court of Appeals held that the
Federal Communications Commission position against news distortion is
only a "policy," not a promulgated law, rule, or regulation.
Fox aired a report after the ruling saying it was "totally vindicated"
by the verdict.
© 2003 SierraTimes.com
www.sierratimes.com/03/02/28/arpubmg022803.htm