be probative on the issue of intent. Before the Commission
may reject this evidence, therefore, it must explain why
CBS's decision to employ one expert over another--or not to
employ one at all--is not probative on the issue of its intent
to distort.
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
2. Evidence of factual inaccuracies
In describing what evidence it would accept to substantiate
Serafyn's claim of news distortion, the Commission stated
that it has "long ruled that it will not attempt to judge the
accuracy of broadcast news reports or to determine whether a
reporter should have included additional facts." WGPR, 10
FCC Rcd at 8147. In "balancing First Amendment and
public interest concerns," it explained, the Commission
will not attempt to draw inferences of distortion from the
content of a broadcast, but it will investigate where
allegations of news distortion are supported by "substan
tial extrinsic evidence" that the licensee has deliberately
distorted its news report. Mrs. J.R. Paul, 26 FCC 2d at
592. "Extrinsic evidence," that is, evidence outside the
broadcast itself, includes written or oral instructions
from station management, outtakes, or evidence of brib
ery. Hunger in America, 20 FCC 2d at 151. Our
assessment of allegations of news distortion, in sum,
focuses on evidence of intent of the licensee to distort,
not on the petitioner's clam that the true facts of the
incident are different from those presented.
WGPR, 10 FCC Rcd at 8147.
Serafyn argues that the definition quoted above does not
purport to be all-inclusive, and that the Commission acted
unreasonably in holding that the evidence he submitted is not
also extrinsic. In his view the agency should inquire "wheth
er the licensee has distorted a news program" and the
Commission can make this inquiry--without becoming a na
tional arbiter of truth--by relying upon "objective" evidence
to disprove assertions made in a news show. Intervenor CBS