CMW REPORT, Spring 2003
Title: “Court Ruled That Media Can Legally Lie”
Author: Liane Casten
ORGANIC CONSUMER ASSOCIATION, March 7, 2004
Title: "Florida Appeals Court Orders Akre-Wilson
Must Pay Trial Costs for $24.3 Billion Fox Television;
Couple Warns Journalists of Danger to Free Speech, Whistle
Blower Protection"
Author Not Listed
Faculty Evaluator: Liz Burch, Ph.D.
Student Researcher: Sara Brunner
In February 2003, a Florida Court of Appeals unanimously
agreed with an assertion by FOX News that there is no
rule against distorting or falsifying the news in the
United States.
Back in December of 1996, Jane Akre and her husband,
Steve Wilson, were hired by FOX as a part of the Fox “Investigators”
team at WTVT in Tampa Bay, Florida. In 1997 the team began
work on a story about bovine growth hormone (BGH), a controversial
substance manufactured by Monsanto Corporation. The couple
produced a four-part series revealing that there were
many health risks related to BGH and that Florida supermarket
chains did little to avoid selling milk from cows treated
with the hormone, despite assuring customers otherwise.
According to Akre and Wilson, the station was initially
very excited about the series. But within a week, Fox
executives and their attorneys wanted the reporters to
use statements from Monsanto representatives that the
reporters knew were false and to make other revisions
to the story that were in direct conflict with the facts.
Fox editors then tried to force Akre and Wilson to continue
to produce the distorted story. When they refused and
threatened to report Fox's actions to the FCC, they were
both fired.(Project Censored #12 1997)
Akre and Wilson sued the Fox station and on August 18,
2000, a Florida jury unanimously decided that Akre was
wrongfully fired by Fox Television when she refused to
broadcast (in the jury's words) “a false, distorted
or slanted story” about the widespread use of BGH
in dairy cows. They further maintained that she deserved
protection under Florida's whistle blower law. Akre was
awarded a $425,000 settlement. Inexplicably, however,
the court decided that Steve Wilson, her partner in the
case, was ruled not wronged by the same actions taken
by FOX.
FOX appealed the case, and on February 14, 2003 the
Florida Second District Court of Appeals unanimously overturned
the settlement awarded to Akre. The Court held that Akre’s
threat to report the station’s actions to the FCC
did not deserve protection under Florida’s whistle
blower statute, because Florida’s whistle blower
law states that an employer must violate an adopted “law,
rule, or regulation." In a stunningly narrow interpretation
of FCC rules, the Florida Appeals court claimed that the
FCC policy against falsification of the news does not
rise to the level of a "law, rule, or regulation,"
it was simply a "policy." Therefore, it is up
to the station whether or not it wants to report honestly.
During their appeal, FOX asserted that there are no written
rules against distorting news in the media. They argued
that, under the First Amendment, broadcasters have the
right to lie or deliberately distort news reports on public
airwaves. Fox attorneys did not dispute Akre’s claim
that they pressured her to broadcast a false story, they
simply maintained that it was their right to do so. After
the appeal verdict WTVT general manager Bob Linger commented,
“It’s vindication for WTVT, and we’re
very pleased… It’s the case we’ve been
making for two years. She never had a legal claim.”
UPDATE BY LIANE CASTEN: If we needed
any more proof that we now live in an upside down world,
the saga of Jane Akre, along with her husband, Steve Wilson,
could not be more compelling.
Akre and Wilson won the first legal round. Akre was awarded
$425,000 in a jury trial with well-crafted arguments for
their wrongful termination as whistleblowers. And in the
process, they also won the prestigious “Goldman
Environmental” prize for their outstanding efforts.
However, FOX turned around and appealed the verdict. This
time, FOX won; the original verdict was overturned in
the Appellate Court of Florida’s Second District.
The court implied there was no restriction against distorting
the truth. Technically, there was no violation of the
news distortion because the FCC’s policy of news
distortion does not have the weight of the law. Thus,
said the court, Akre-Wilson never qualified as whistleblowers.
What is more appalling are the five major media outlets
that filed briefs of Amici Curiae- or friend of FOX –
to support FOX’s position: Belo Corporation, Cox
Television, Inc., Gannett Co., Inc., Media General Operations,
Inc., and Post-Newsweek Stations, Inc. These are major
media players! Their statement, “The station argued
that it simply wanted to ensure that a news story about
a scientific controversy regarding a commercial product
was present with fairness and balance, and to ensure that
it had a sound defense to any potential defamation claim.”
“Fairness and balance?” Monsanto hardly
demonstrated “fairness and balance” when it
threatened a lawsuit and demanded the elimination of important,
verifiable information!
The Amici position was “If upheld by this court,
the decision would convert personnel actions arising from
disagreements over editorial policy into litigation battles
in which state courts would interpret and apply federal
policies that raise significant and delicate constitutional
and statutory issues.” After all, Amici argued,
40 states now have Whistleblower laws, imagine what would
happen if employees in those 40 states followed the same
course of action?
The position implies that First Amendment rights belong
to the employers – in this case the five power media
groups. And when convenient, the First Amendment becomes
a broad shield to hide behind. Let’s not forget,
however; the airwaves belong to the people. Is there no
public interest left—while these media giants make
their private fortunes using the public airwaves? Can
corporations have the power to influence the media reporting,
even at the expense of the truth? Apparently so.
In addition, the five “friends” referred
to FCC policies. The five admit they are “vitally
interested in the outcome of this appeal, which will determine
the extent to which state whistleblower laws may incorporate
federal policies that touch on sensitive questions of
editorial judgment.”
Anyone concerned with media must hear the alarm bells.
The Bush FCC, under Michael Powell’s leadership,
has shown repeatedly that greater media consolidation
is encouraged, that liars like Rush Limbaugh and Ann Coulter
are perfectly acceptable, that to refer to the FCC interpretation
of “editorial judgment” is to potentially
throw out any pretense at editorial accuracy if the “accuracy”
harms a large corporation and its bottom line. This is
our “Brave New Media”, the corporate media
that protects its friends and now lies, unchallenged if
need be.
The next assault: the Fox station then filed a series
of motions in a Tampa Circuit Court seeking more than
$1.7 million in trial fees and costs from both Akre and
Wilson. The motions were filed on March 30 and April 16
by Fox attorney, William McDaniels—who bills his
client at $525 to $550 an hour. The costs are to cover
legal fees and trial costs incurred by FOX in defending
itself at the first trial. The issue may be heard by the
original trial judge, Ralph Steinberg—a logical
step in the whole process. However, Judge Steinberg must
come out of retirement if he is to hear this, so the hearing,
set for June 1, may go to a new judge, Judge Maye.
Akre and her husband feel the stress. “There is
no justification for the five stations not to support
us,” she said. “Attaching legal fees to whistleblowers
is unprecedented, absurd. The ‘business’ of
broadcasting trumps it all. These news organizations must
ensure they are worthy of the public trust while they
use OUR airwaves, free of charge. Public trust is alarmingly
absent here.”
Indeed. This is what our corporate media, led by such
as Rupert Murdoch, have come to. How low we have fallen.
Jane Akre and be reached at: jakre@bellsouth.net.
