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Fund
American Future Fund
"Weak" +
0:30 ad run in SC posted on the web on Feb. 10, 2016.
[Music]
Male Announcer: Ted
Cruz talks tough on national security, but look at his record.
Cruz voted with Bernie
Sanders against defense spending.
Cruz sided with Obama to
weaken our ability to track terrorists.
Cruz proposed mass
legalization of illegal immigrants.
He even praised the traitor
Edward Snowden.
Ted Cruz's talk is
cheap. His national security record is weak.
America Future Fund is responsible for
the content of this advertising.
Notes: Politico reported the buy at $1.5
million (>).
The
Cruz campaign requested stations pull the "false attack ad." This
dark money group earlier ran an ad in NH attacking
Kasich; that campaign likewise issued request to stations.
See also a Cruz
ad from Jan. 20 portraying Cruz as strong on defense.
Feb. 16,
2016 press
release from the Cruz campaign...
Cruz Requests False Attack
Ad Be Pulled Off the Air
HOUSTON, Texas – Today, the Cruz Campaign sent a letter to stations
across South Carolina and parts of Georgia requesting that a false
attack ad claiming Cruz “proposed mass legalization of illegal
immigrants” be taken off the air immediately. According to the Cruz
campaign’s General Counsel Eric Brown, the ad produced by the anti-Cruz
Super PAC American Future Fund “disseminate[s] a false and misleading
advertisement lying about Senator Ted Cruz’s record.”
“The ad falsely claims ‘Cruz proposed mass legalization of illegal
immigrants.’ Ted Cruz has never introduced, outlined, or
supported any policy that would give legal status to illegal
immigrants,” writes Brown. “Indeed, quite the opposite, Ted Cruz led
the fight in Congress against legislation written by Senator Rubio,
among others, that created legal permanent status for millions of
people in the country unlawfully. At least two fact-checks have
evaluated this claim and determined it to be false, and others found no
evidence to support it.”
The ad makes several other unsupported and misleading claims about
Senator Cruz’s record. For instance, it criticizes Cruz’s support for
the USA Freedom Act, which has been broadly hailed by conservatives,
privacy advocates, and intelligence officials, and received
overwhelming bipartisan support in Congress.
“Because this advertisement makes a flatly false factual claim for
which your station is ultimately liable, 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,” writes Brown.
The full text of the letter is below:
Dear Station Manager:
On behalf of Cruz for President, I write this letter to inform you
that, based upon available information, American Future Fund has
purchased media time to publicly disseminate a false and misleading
advertisement lying about Senator Ted Cruz’s record.
The ad falsely claims “Cruz proposed mass legalization of illegal
immigrants.” Ted Cruz has never introduced, outlined, or supported any
policy that would give legal status to illegal immigrants. Indeed,
quite the opposite, Ted Cruz led the fight in Congress against
legislation written by Senator Rubio, among others, that created legal
permanent status for millions of people in the country unlawfully. At
least two fact-checks have evaluated this claim and determined it to be
false, and others found no evidence to support it.”
Because this advertisement makes a flatly false factual claim for which
your station is ultimately liable, 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.
As an FCC licensee you have the legal responsibility to exercise
independent editorial judgment and discretion to oversee and protect
the marketplace of ideas, but also to avoid deliberate
misrepresentations and intentional falsehoods. Political
Programming Policies, 7 FCC Rcd 678, 685 n.54 (1991)(“licensees are not
required to accept any political material that is not authorized by
candidates”). Such obligations must be taken seriously because
courts command broadcasters to “protect the public from false,
misleading or deceptive advertising.” Licensee Responsibility with
Respect to the Broadcast of False, Misleading or Deceptive Advertising,
74 FCC 2d 623 (1961). Your failure, as an FCC licensee, to fulfill this
obligation, may be deemed an “underlying abdication” of your duties as
such a licensee and result in the loss of your station’s license.
Cosmopolitan Broadcasting Corp. v. FCC, 581 F.2d 917, 927 (D.C. Cir.
1978). With this letter, Cruz for President reserves all rights,
remedies and recourse to which we are entitled in connection with the
potential or actual broadcast of the advertisement referenced herein,
and that no action or inaction by Cruz for President shall be deemed to
constitute a waiver, relinquishment or other impairment of such rights,
remedies or recourse.
Thank you for your attention to this matter and please do not hesitate
to contact me if you have questions.
Sincerely,
Eric S. Brown
General Counsel
Cruz for President