Jane Akre and her husband, Steve Wilson, sued Fox News 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 whistle blower law. Akre was awarded a $425,000 settlement. Inexplicably, however, the court decided that Steve Wilson, her partner in the case, was ruled not wronged by the same actions taken by FOX.
Background
In February 1997, twenty year journalist and award winner, Jane Akre and Steve Wilson, had a story ready to air that involved Monsanto bribery, threats, intimidation, and corruption concerning rBGH in cows. Their story attempted to answer some troubling questions: Why had Monsanto sued two small dairies to prevent them from labeling their milk as coming from cows not injected with [growth hormone rBGH]? Why had two Canadian health regulators claimed that their jobs were threatened – and then said Monsanto offered them a bribe to give fast-track approval to the drug? Why did Florida supermarkets break their much-publicized promise that milk in the dairy case would not come from hormone-treated cows? And why was the US the only major industrialized nation to approve this controversial genetically engineered hormone? (p. 211)
Station managers were so proud of our work that they saturated virtually every Tampa Bay radio station with thousands of dollars’ worth of ads urging viewers to watch what we’d uncovered about “The Mystery in Your Milk.” But then, our Fox managers’ pride turned to panic. [Monsanto lawyer] John Walsh wrote that some points of the story “clearly contain the elements of defamatory statements which, if repeated in a broadcast, could lead to serious damage to Monsanto and dire consequences for Fox News.” (pp. 211-213)
It was not long after our [unsuccessful] struggle to air an honest report had begun that Fox fired both the news director and the general manager. The new general manager, Dave Boylan, explained that if we didn’t agree to changes that Monsanto and Fox lawyers were insisting upon, we’d be fired for insubordination within 48 hours. We pleaded with Dave to look at the facts we’d uncovered, many of which conclusively disproved Monsanto’s claims. We reminded him of the importance of the facts about a basic food most of our viewers consume and feed to their children daily. His reply: “We paid $3 billion dollars for these TV stations. We’ll tell you what the news is. The news is what we say it is!” Steve [the author’s husband and coworker] was firm but respectful when he made it clear we would neither lie nor distort any part of the story. (pp. 213-215)
[The Dairy Coalition’s director] took great pride in bragging that the Coalition “snowed the station with paperwork and pressure to have the story killed.” Fox threatened our job every time we resisted the dozens of changes that would sanitize the story and fill it with lies and distortions. [Fox lawyer] Forest finally leveled with us. “You guys don’t get it. It doesn’t matter whether the facts are true. This story isn’t worth a couple of hundred thousand dollars to go up against Monsanto.” (pp. 217, 218)Fox’s general manager presented us with an agreement that would give us a full year of salaries and benefits worth $200,000 in no-show “consulting jobs,” but with strings attached: no mention of how Fox covered up the story and no opportunity to ever expose the facts Fox refused to air. We turned down this second hush money offer. We were both finally fired, allegedly for “no cause.” (p. 219)
The controversy over rBGH has traveled recently to Canada and the European Union, both of which decided to reject the drug for use in those countries. (p. 236)
For a revealing 10-minute video clip of this astounding case, click here.
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 whistle blower 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 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 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.”
UPDATE BY LIANE CASTEN: If we needed any more proof that we now live in an upside down world, the saga of Jane Akre, along with her husband, Steve Wilson, could not be more compelling.
Akre and Wilson won the first legal round. Akre was awarded $425,000 in a jury trial with well-crafted arguments for their wrongful termination as whistleblowers. And in the process, they also won the prestigious “Goldman Environmental” prize for their outstanding efforts. However, FOX turned around and appealed the verdict. This time, FOX won; the original verdict was overturned in the Appellate Court of Florida’s Second District. The court implied there was no restriction against distorting the truth. Technically, there was no violation of the news distortion because the FCC’s policy of news distortion does not have the weight of the law. Thus, said the court, Akre-Wilson never qualified as whistleblowers.
What is more appalling are the five major media outlets that filed briefs of Amici Curiae- or friend of FOX – to support FOX’s position: Belo Corporation, Cox Television, Inc., Gannett Co., Inc., Media General Operations, Inc., and Post-Newsweek Stations, Inc. These are major media players! Their statement, “The station argued that it simply wanted to ensure that a news story about a scientific controversy regarding a commercial product was present with fairness and balance, and to ensure that it had a sound defense to any potential defamation claim.”
“Fairness and balance?” Monsanto hardly demonstrated “fairness and balance” when it threatened a lawsuit and demanded the elimination of important, verifiable information!
The Amici position was “If upheld by this court, the decision would convert personnel actions arising from disagreements over editorial policy into litigation battles in which state courts would interpret and apply federal policies that raise significant and delicate constitutional and statutory issues.” After all, Amici argued, 40 states now have Whistleblower laws, imagine what would happen if employees in those 40 states followed the same course of action?
The position implies that First Amendment rights belong to the employers – in this case the five power media groups. And when convenient, the First Amendment becomes a broad shield to hide behind. Let’s not forget, however; the airwaves belong to the people. Is there no public interest left-while these media giants make their private fortunes using the public airwaves? Can corporations have the power to influence the media reporting, even at the expense of the truth? Apparently so.
In addition, the five “friends” referred to FCC policies. The five admit they are “vitally interested in the outcome of this appeal, which will determine the extent to which state whistleblower laws may incorporate federal policies that touch on sensitive questions of editorial judgment.”
Anyone concerned with media must hear the alarm bells. The Bush FCC, under Michael Powell’s leadership, has shown repeatedly that greater media consolidation is encouraged, that liars like Rush Limbaugh and Ann Coulter are perfectly acceptable, that to refer to the FCC interpretation of “editorial judgment” is to potentially throw out any pretense at editorial accuracy if the “accuracy” harms a large corporation and its bottom line. This is our “Brave New Media”, the corporate media that protects its friends and now lies, unchallenged if need be.
The next assault: the Fox station then filed a series of motions in a Tampa Circuit Court seeking more than $1.7 million in trial fees and costs from both Akre and Wilson. The motions were filed on March 30 and April 16 by Fox attorney, William McDaniels-who bills his client at $525 to $550 an hour. The costs are to cover legal fees and trial costs incurred by FOX in defending itself at the first trial. The issue may be heard by the original trial judge, Ralph Steinberg-a logical step in the whole process. However, Judge Steinberg must come out of retirement if he is to hear this, so the hearing, set for June 1, may go to a new judge, Judge Maye.
Akre and her husband feel the stress. “There is no justification for the five stations not to support us,” she said. “Attaching legal fees to whistleblowers is unprecedented, absurd. The ‘business’ of broadcasting trumps it all. These news organizations must ensure they are worthy of the public trust while they use OUR airwaves, free of charge. Public trust is alarmingly absent here.”
Indeed. This is what our corporate media, led by such as Rupert Murdoch, have come to. How low we have fallen.
