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Stronger Together
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cea” HUDSON
sco MEDINA
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TOM WOODRUFF
SERUCE EVPLOVEES
10 Massacre ve
ashton IC 20036
2027307000
Too:2027307481
wiser
May 28,2009
General Manager Michael Jack
WRT
4001 Nebraska Ave NW
Washington DC 20016
Ie: Advertisement by Conservatives for Patients Rights,
Dear Mr Jack,
[represent the Service Employees International Union, whose 2 million members
support the passage of comprehensive healtheare reform that guarantees affordable coverage for
{very man, woman, and child. Your news netwerk is scheduled to run athity-minute
“documentary” advertisement sponsored by Conservatives for Patents” Rights which based on
previous advertisements willbe demonstrably fe and maliciously mislead viewers with its
statemens and edited video content. Based on excerpts from their website, potential significant
‘rors and falsehoods make this ad unfit to air, Inthe public interest, you should closely review
the ad and cease plans on airing it immediately.
‘SEIU calls your attention to just two ofthe major flsiteslkely to appear inthis
advertisement, outlined in greater detail inthe ached document:
‘+ Rick Scot will likely continue to mislead viewers about the Federal Coordinating Council,
or Comparative Effectiveness Research, a newly-created entity by the economic recovery
package signed into law by President Obama in February, Mr. Scot will likely make a
Specific claim: “not only could a government board deny your choice in datos, but it ean
control life and death for some patients.” This statement i demonsiraby fale. In reality,
the powers ofthis so-called “government board” are clearly defined and cannot do what
‘Me. Scott claims. The statutory authority ofthe Council specifically excludes the power “to
‘mandate coverage, reimbursement, or ater policies for any publi or private payer.” tis
‘worth noting that even under President Bush the National Institutes of Health already had
an annual budget of $355 milion to conduct precisely this type of research, Plainly, this
has nt led to the sort of eatastrophie consequences in America that Mr. Seottwams
against.
‘+ The advertisement wil likely deceive viewes by blatantly misrepresenting the positions of
to physicians. While the advertisement paints both as opponents of any role for
government in health cae reform, in reality, jut the opposite is true. Both physicians are
in fact supporters of universal health care. What they are opposed to isthe U.S. ‘to-
tiered” system that already rations heath cae based onthe ability to pay. Infact, Mr. Scot
misrepresented Dr. Day's comments, and Dr Day openly mocked the ineffectiveness ofthe
US. health care system. What De. Day is oposed to is Canada's outdated funding model,
not Canada’s healthcare system, Dr. Day acally advocates reform ofthe funding structure
to preserve Canada’s healthcare system, not dismantle it.
SEIU is ot the only organization that ha raised serious questions about Rick Seot and
CCPR’s credibility. The hghly-espected website www foctcheck.org un by the non-partisan
‘Annenberg Public Policy Center ofthe Univesity of Pennsylvania, has labeled CPR's prior
advertisement as “very misleading.” (See hp/wwwfctcheek org/poies/goverament-
fun_health car hun!)
(CPR’s weak rebut to these eiticisms should give your station even greater pause
‘before siting its latest iteration ofthese advertisements. Essentially, it concedes that itspainting scenario that has not been proposed by President Obama and Democratic Congressional leaders and, indeed,
Factcheck org labeled CPR's respons? as “nonsense.”
‘As you undoubtedly know, ulike federal candidates, political organizations donot have a “right to command the
use of broadcast facilites.” See CBS DNC, 412 US. 94, 113 (1973). Because you have no legal obligation to ar the
advertisement, your station bears responsibility for is content when you do grant access. See Felix. Westinghouse Ratio
‘Stations,186 F 241, 6 Gd Cir). As abroadcast licensee, you "must assume responsibility forall material whichis
broadcast through [your] facilities” and therefore havea duty to “protect the pubic fom fase, misleading or deceptive
aadversing.” Licensee Responsbiliy With Respect tothe Broadcast of False, Misleading or Deceptive Advertising, 8
F.C.C.2¢ 623 (1961). Failure to prevent the airing of “false and misleading verising” may be “probative of an
abdication lcensce responsibility.” Casmopolita Broad. Corp. v. FCC, $81 F24917, 927 (D.C. Ct. 1978).
Based on Conservatives for Patient Rights record, this advertisement will be false, deceitful, anda distortion. We
request that you cease plans to air it on Sunday, May 31".
Sincerely,
Dora V. Chen. Esa.
“Assistant General Counsel
Enclosure