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Attorney Wayne
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Category: Legal
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Experience:  Practicing law since 2000.
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On Federal candidates election ads (within the privileged

Customer Question

On Federal candidates' election ads (within the privileged FCC period about thirty days before an election) what are the restrictions on ad content? WLS radio banned some roughly 2006 radio spots wherein I said mayor Daley shouldn't have bulldozed Meigs field in Lake Michigan as it could serve as a forward tactical airbase to attack the invading alien hordes. Seven of my ten spots were rejected when I submitted them two days before the election over a weekend so thee was no time for a proper response. The excuse was they were racist and offensive. Actually they just offended the social relationships of the various broadcasters' agents here and their access to "news".

(Basically the news business is all butt kissing and no real old time opposition or noble efforts to inform, preserve truth and freedom, etc. Gotta keep up good appearances with City Hall.)

The ad spots merely pointed out Chicago Negroes, Puerto Ricans, etc, rioted and got rewarded while Polacks, who never rioted, had to flee from Puerto Rricans and illegal aliens. WLS has since degenerated and has a certain amount of crude subjects discussed by various hosts so their "offensive" argument is specious.

I am now a write-in candidate for Illinois' 2d Cong. Dist. in it's Chicago and Cook county divisions only and not the rural and farm areas. Due to a serious speech problem arising from an auto accident I am unable to use a normal speaking voice and will likely hire someone to read a script. If I can't arrange that quickly I may drop the matter and concentrate on something else.

However if I do go forward I will likely attack every politically correct thing on the airwaves. I will assail faggotry and quote lots of Leviticus and other historical commentaries relating to that behavior. Worst of all I will call for all fruits to give uo their fruitery, to pray and fast, and to reform their lives by returning or coming to Christ. This alone will cause horrendous shrieks of outrage and get ad spots banned more than any other factor. Ditto for behavior such as shack jobs which merely produce mentally and emotionally deranged young women as indicated by studies among university student bodies or other research.

I would call Vatican II a disaster in which elements in the church attacked the discipline, teachings, and liturgy of the church, to their own destruction and the abandonment of the faith by millions of Catholics whose beliefs were made a mockery with clown masses and the elimination of traditional discipline such as meatles Fridays. The vernacular mass is a disaster as is communion in the hand which for Catholics is borderline and frequently, real sacrilege.

I would oppose what I would call race-mxing and meat packing programs and legislation whose purpose is to destroy all privacy, choice, free association, and to reduce multiple populations to social and legislative amoeba being experimented on by assorted political experimenters. Anyway you get the gist of this all of which would cause social and political outrage 'mongst the staff at WLS and elsewhere. They would prefer to interview fags, strippers, gang bangers, and whomever else. Please advise on this particular aspect.

Strictly speaking, a formal campaign cannot be defended by the candidate unless he is a lawyer as the candidate is a second party to a two party suit and a pro se candidate can't function for his campaign. Does this apply to write-in campaigns at the Federal level? Does it apply to state or lower level elections in Illinois?

Has anyone ever tied an attack upon a campaign's status to an allegation of an attack intended primarily upon the candidate as a person rather than as a candidate? What are the separating lines between candidate status and the man himself?

Yours,
F.S. Piekarczyk
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hi

Running against the machine, eh? I wish you the best of luck

A television or radio station cannot censor a campaign ad. But the broadcaster is not required to give free air time to a candidate unless it has given free air time to a different candidate. Since 1971, television and radio stations have been required to make a "reasonable" amount of time available to candidates for federal office. And they must offer those ads at the rate offered the "most favored" advertiser.

Now with that being said, they are also require to get equal time for a response on an Ad that is an accusation. They do not have to run any AD that they do not want to run, if the feel it is as you state "racist"

As to targeting a candidate on a personal level, that is negative campaigning in the eyes of the voter and while I don't know how many times it has been done, I suggest it does not go over well and that you should try to stay focused on the issues and what you can do to bring more attention to what you can do to solve problems.

I suggest you are in a battle whether you are write in or not - but as a write in you have a very tough road to hoe - first of all, anyone who votes for you must write your name exactly as you are registered otherwise the vote will be disqualified.

I suggest you may want to focus on getting folks to know how to correctly spell you name and consider any other issues after the election with the help of a good local attorney as you have a lot going on here.

I wish you the best of luck in this and all your endeavors

Remember, I can only answer and provide true and correct information for what you ask. So If you have other questions, please post here

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything

Customer: replied 1 year ago.

I apparently just blew 1.5 hours of questions and commentary with an odd keystroke so will get back to this tomorrow.


 


However I need citations on all the matters I mentioned, at the Federal level. I need case law for reference. I have done this for some years and am familiar with weaselcraft as I have practiced the dark arts pro se and have a passable grasp of it.


 


The issues I face is that my political and moral side of the issue afre squaleched while the enemy drips with political and literal porn and neccidism. Being a Viet Vet who saw this sort of thing 45 years ago I am going to let the other side be exposed to the same thing.


 


This is partly a matter of political performance art. I added "Calico Jack" to my first three names and will use that for all sorts of write-in campaign where I do not have time to get involved locally with the signature format application. Calico Jack was a pirate. check the internet. Tongue in cheek I will have a local Rum and Plunder Party in my 4th congressional district where I actually live. It will also be involved with model boat building and suchlike as I have a lagoon across the street from me. This would generate funds for political operations which involves an issue of accoun ting for incoming monies, taxes, donations, etc. Back tomorrow.

Expert:  Sam replied 1 year ago.
Hi

I cannot provide you with any case law, unfortunately.

I suggest you will want to research the Equal Time act - and that may produce the case law you are seeking

Remember, I can only answer and provide true and correct information for what you ask. So If you have other questions, please post here

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

Will be back later as I have a VA medical appointment and a deceased pet for a taxidermist to pick up this .morning.


 


However The subscription fee and $50 charge for info obtained to date on this issue is insufficient for the costs and the impressive approach I got after first posting this question.


 


My modus operandi is through public contact via direct delivery of literature, popular contacts via a model building club directed at local kids, and assorted group activities. This was inhibited since 2007 by a near fatal car crash which affects my voice. This is slowly restoring itself but may require further laser surgery. But I may just squeak through and will regularly test my voice on the computer recorder.


 


I still need something substantive on broadcasters rejecting ads because of "racism or offensiveness" which in this case was a hasty excuse to which there could be no timely response.


 


The FCC handles complaints of this sort and I do need some references on where to go. if you are an attorney you would have access to West's legal services or something similar.


 


I contacted WLS by email and their ad man knows of my pending ads complete with name change via adding "Calico Jack. This permits me to use the two added names as a middle name and a last name. On my voting card I am "Steve Piekarczyk" as I don't use my real first name of Francis.


 


As mentioned, a pro se candidate cannot represent himself in his campaign unless he is an attorney. Does this apply to a write-in Illinois Federal campaign.? Is such a campaign a "person" or is it just "Joe Blow" himself with a personally actionable grievance?


 


In this regard, when a broadcaster make a legal attack on a pro se campaign may this be construed as an attack not upon the campaign but rather the so-called candidate personally: "I don't like your criticism of militant faggotry and declare it "offensive" but unknown to you it is really because I am a closeted queer and I don't like Catholic Polacks". This would permit a pro se legal defense.


 


Will be back later as time is short and must check w/ taxidermist, etc.


 


F.S. Piekarczyk


 


 


 

Expert:  Sam replied 1 year ago.
Hi

Ok. I have given you the information that I can.

I will opt out and perhaps another professional here will better be able to assist you

There is no need to reply here further until another professional contacts you

Good luck with your Write in Campaign

Expert:  Attorney Wayne replied 1 year ago.
PLEASE DO NOT use the rating system until satisfied. Instead, please click CONTINUE CONVERSATION for more info.

Hello. I am sorry the other expert opted out. But I do want to clarify some of the information previously posted.

(1) Stations CANNOT censor or remove anything from a "bona fide" candidate's ads, under FCC rules. While a station is obliged to keep even indecency off the air at certain times of the day, it cannot exercise that right in a political advert (and is therefore off the hook for any possible indecency complaint.
(2) But stations can reject ads if the candidate is not considered "bona fide." Write-in candidates have a harder time, as their bona fides are not as clear as those of a candidate on the ballot. Here's a case that may be helpful:
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0203/DA-12-145A1.pdf

(3) Moreover, stations only have to provide ad space if there's space available. Last minute demands on sell-out days give potential grounds to reject a spot, even from a clearly bona fide candidate.

(4) Ads do not create a right of response. In fact, there is no right of response to correct misinformation at all.

Some people remember the old "Fairness Doctrine" -- but don't realize it was eliminated during President Reagan's years. The elimination of the old "Fairness Doctrine" was marked by the growth of extremely partisan programming (think of Rush Limbaugh or Ed Schultz). In the old days, the requirement that stations give equal time to all sides of a controversy made such programming difficult to air simply as a business choice.

(3) The only thing the law still requires is "equal opportunities" in non-news, news interview or documentary programming. That's the reason TV stations stopped broadcasting Bedtime for Bonzo when President Reagan was a candidate for office or re-election -- because his appearance on TV with a chimp would have given all his opponents a right to an equal amount of air time of the same general quality (e.g., viewership time periods). The thing is, as noted, this does not apply to news, news interview, or documentary programming. Which is why chimps and candidates in movies don't get shown.

You may find the following links helpful:

http://www.dwt.com/files/Uploads/Documents/Advisories/12-07_PoliticalBroadcasting%28Guide%29.pdf


http://www.wcsr.com/resources/pdfs/politicalbroadcastmanual.pdf


You can contact the FCC's Political Advertising lawyers directly with questions. campaignlaw@fcc.gov.

Hope this helps clarify things!
Customer: replied 1 year ago.

In 2006 I was told by the Irish station manager (who likely didn't like my saying Mayor Daley was paranoid as he (a) was afraid of guns due io Anglo-Irish history and was afraid of airplanes being used as suicide dive bombers on city hall - the reason for bulldozing Meigs field in Lake Michigan).that I wasn't running a real campaign as I didn't do any campaigning. This was a crap argument on its face not used against anyone else - there were about 29 write-in campaigns.


 


My name change (an addition of "Calico Jack") puts me in a real campaign arena as does my prior expenditures on art materials and printing or computer equipment. In case I'm subject to further objections I can cite my medical disability for not doing cartwheels in the street as part of campaign activities. All this hinges on restoring my voice or finding someone to do ad spots for me.


 


I may face this argument again or something else so I must know what recourse is other than FCC and other complaints. Again, as a pro-se litigant I can't represent a campaign if in fact a write-in is recognized as a campaign like one registered with the FEC for the House. I had one up until my 2007 auto accident. If a write-in campaign is not recognized as a "person" I could represent myself at low cost and annoy my enemy even further.


 


I may to refer to riots in my area and the expulsion of the white population for whom no one sheds a tear. I will likely note the colonization of America by Mexicans (in larger measure) and state this is being done deliberately as a matter of Democrat policy. This is an issue in the 2d district as it is largely negro and that population is losing employment opportunities to the Mexicans - or even Jamaicans and real Africans.


 


I may send written scripts ahead and see what the response is as regards XXXXX XXXXX may be tolerated at the other end of the spectrum which is a far left station next to Limbaugh on the local 890 dial. I can also try radio 560 in Chicago which is unabashedly rightish and likely to accept an ad spot.


 


 


I'll check your references though I have already made contact with the FCC. I'll get back tomorrow.as my dead dog wasn't picked up today and that will be done tomorrow in the a.m.


 


Yours,


 


F.S. Piekarczyk


 


P.S. This site needs bigger writing spaces as the standard box is ridiculously small.


 

Expert:  Attorney Wayne replied 1 year ago.
Unfortunately, the way Federal is set up, the FCC acts as a kind of first level court. Until they act, there is no other place to go. However, if one has filed a formal complaint and the FCC has not responded for a long time (usually measured in years), it is possible to go to the Federal Circuit Court of Appeals and file for a writ of mandamus, which essentially is an order by a court to a federal agency to finish its work. Courts are reluctant to step in until years have passed. The thing is, a formal complaint, rather than simply "speaking to" someone at the FCC will have a better chance of getting looked at. I would file the complaint as follows:Ms. Marlene Dortch, SecretaryFederal Communications Commission, XXXXXSW, Washington, DC 20536 I would put a heading on the complaint that says:COMPLAINT REGARDING DENIAL OF RIGHT TO LOWEST UNIT COST ADVERTISING AVAILABILITY FOR LEGALLY QUALIFIED CANDIDATE.I would send it certified mail, return receipt requested, and send two copies, so one can be filed officially by the secretary and another can be passed along to the political advertising regulators (there are only 2-3 of them). I again wish you all the best with your efforts to get the FCC to look closely at your complaint.
Attorney Wayne, Attorney
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Customer: replied 1 year ago.

Aha! The plot thickens! Michael Mann, who is apparently sales manager (or whatever) at WLS radio Chicago, just returned my email of specifications which showed the gist of my inclinations for scripts. It was basic Elmer Gantry coupled with a broad spectrum political herbicide. I guess they couldn't handle it but the locals are controlled by the evil empire to the east so someone's job is on the line.


 


He said they are not accepting ads from write-in candidates.


 


I asked him for the reason and legal precedent.


 


I'll email the FCC offices which I believe you cited somewhere above but a re-cite would be convenient in preparing a later response from me. (I must hit the VA hospital in early afternoon).


 


Here are some questions aside from the logical and unanswered inquiry of mine as to "Why?" : Do I have a campaign - Do I therefore have access - If I have access and have a campaign can an FCC complaint be filed without a lawyer as opposed to filing a suit based on some U..S. Code? I know of citations I recall from some place in which a candidate cannot represent himself.unless he is an attorney.


 


I believe my rejection admits they know I am correctly filed in the city and county and do have a campaign.


 


My last correspondence with the FCC didn't mention the issue but maybe they assumed a lawyer would be consulted. At this oint I am awaiting their reply.


 


In the meantime I have two other issues one involving a possible action against the city for deliberately destroying (administratively) a mandate from the state appellate court in which the city decided not to defend a circuit court affirmation of an administrative court (streets & san) finding of liability against me to the tune of $500.


 


The circuit court judge (a mean, spiteful, straight razor totin' woman) noted that while I was found liable for a citation on a property which in fact was adjacent to mine and which I didn't own, declared that since I mentioned having a somewhat parallel condition n my own adjacent property (which caused me to think the citation was properly served), I was therefore "guilty". When I tried to say the property wasn't mine she pulled out her straight razor and emphatically said I was - end of appeal in her court. This is a constitutional violation which left her supervising judge shaking his head as I appeared before him periodically to request information while in state appellate court. As mentioned, the mandate from this court never showed up in circuit court so I have been long delayed in tracking it down and getting my assorted fees returned. I would like to turn this into a cause of action later. The "lost mandate" goes back to Feb 2012 so we are within the two year tort limit.


 


If I can find my old email I'll contact the FCC and say the problem has arisen with the same WLS as before. fsp.


 


 


 

Customer: replied 1 year ago.

WLS tried to say, "we are not accepting ads fr write-in candidates" at which point I challenged the matter. I received a reply from their market manager XXXXX XXXXX who recited the usual (about which they care nothing) after I indicated what the gist of my ad spots would be: Invading space aliens seeking American welfare, a degenerating society with rising faggotry, etc.

 

I filed a perfunctory complaint over my old inquiry withe the FCC and received a response about the usual campaign standards. I pointed out to WLS and the FCC that I m disabled speech-wise and can't "campaign" in the ordinary sense thought I have been doing this sort of thing for years and have abundant physical resources including graphic work. I sent some to the FCC via email and to WLS both via email and certified hard copy..

 

My name change (addition) of calico Jack went through and will be sent to the state of Illinois and the social security people. The county voting office has to find me listed with SS to change my name on the write-in list from Steve Piekarczyk to Calico Jack.

 

 

I have no replies from WLS on my latest mailings and I expect no trouble though they are no doubt planning it. I can't defend my campaign if I am considered to have one as a non-petition or a Federally registered type.

 

If my write-in campaign is somehow "not a person" I could then defend myself pro se. what can you determine on that account?

 

BTW, I will try to append some exhibits I sent via the "edit" feature attached to this column. I might be able to argue any obstructionism on "campaigning" is exploiting my condition as a disabled veteran (GSW high left chest) plus being badly botched from a car crash in 2007 which caused me to have a trachiostomy for 4 1/2 years. This has left me physically immobile as well as being hardly able to speak.

 

FSP

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