The media can legally lie.

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Recently, we published ten of the most under reported stories. Space permitting, we will publish over time additional selections of the 15 which did not place in the top ten.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 (a 1997 Best-Censored story).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 whistleblower law. Akre was awarded a $425,000 settlement. Inexplicably, however, the court declined 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 whistleblower 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 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 the 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."SOURCES: CMW Report, Spring 2003, "Court Ruled That Media Can Legally Lie" by Liane Casten; Organic Consumer Association, March 7, 2004, "Florida Appeals Court Orders Akre-Wilson Must Pay Trial Costs for $24.3 Billion Fox Television; Couple Warns Journalists of Danger to Free Speech, Whistleblower Protection."