ists," and other apparently isolated groups of Ukrainians.
Thus, rather than constitute a distortion, Rabbi Bleich's
negative comments about Ukrainians as utilized can
rightly be viewed as limited to only a segment of the
Ukrainian population.... Nor do we find intent to
distort because CBS did not include in its episode posi
tive statements about Ukraine made by Rabbi Bleich....
[T]he determination of what to include and exclude from
a given interview constitutes the legitimate "journalistic
judgment" of a broadcaster, a matter beyond the Com
mission's "proper area of concern."
WGPR, 10 FCC Rcd at 8147.
Serafyn argues upon appeal that the Commission erred in
failing to find the outtakes persuasive evidence of CBS's
intent to distort. The Commission was not unreasonable,
however, in finding that Safer's phrase "some Ukrainians"
and his other references to extremist groups effectively limit
ed the scope of Bleich's comments to "a segment of the
Ukrainian population." Id.
CONTENTS:
Title Page
I. Background
II. News Distortion
A. Evidentiary standard
B. Licensee's policy on distortion
C. Nature of particular evidence
1. Extrinsic evidence
(a) Outtakes of the interview with Rabbi Bleich
(b) The viewer letters
(c) The refusal to consult Professor Luciuk
2. Evidence of factual inaccuracies
D. Misrepresentation
III. Conclusion
(b) The viewer letters
The Commission held that the letters CBS received from
viewers were extrinsic evidence because they were "external
to the program." Id. at 8148. In the Commission's view,
however, the letters were not probative because the letter
writers were not
"insiders," that is, employees or members of manage
ment of CBS. Nor are they persons with direct personal
knowledge of intent to falsify.... And letters sent by
viewers subsequent to the broadcast [are] evidence clear
ly incapable of going to intent, because intent is a state of
mind accompanying an act, not following it.
Id.
The Commission's reasoning here is flawed in two respects.
First, a person need not have "direct" personal knowledge of
intent in order to have relevant information that constitutes