By Mike Gaddy
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 affiliate and owned station]… 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…
According to Akre and Wilson, the station… 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.
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…” Akre was awarded a $425,000 settlement [but]… Steve Wilson… 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 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… 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.