- From: "OTK" <otk@xxxxxxx>
- Date: Sun, 5 Mar 2006 02:11:34 -0500
Stern Support From Unlikely Source
March 1, 2006
In the growing saga between CBS Radio and Howard Stern, support for
The King Of All Media has come from an unlikely source -- Florida-based
attorney and decency crusader Jack Thompson.
This morning (3/1), Thompson appeared on Clear Channel's WFLA-AM in
Orlando to voice his support for Stern's side of this dispute. In a release
after his appearance, Thompson addressed three specifics that he called
"huge factual and legal problems with CBS's argument."
"CBS had every opportunity to 'dump' anything Stern had to say about
Sirius," wrote Thompson, pointing to the rules set in place after
Viacom/Infinity and the FCC agreed to the $3.5 million Consent Decree.
"Infinity promised to put into place and did install new and better
technology to edit the Howard Stern Show in real time as it was being aired.
Thus, Viacom/Infinity/CBS had in place the enhanced 'dumping' capability to
utilize the time delay to remove all references to Sirius and his announced
move. CBS chose not to do that. CBS then chose not to remove Stern from the
air for the promotion of Sirius, except for a paid one-day suspension last
Thompson also contends that CBS chose not to edit Stern's program so
that "Arbitron ratings remained high and were arguably even enhanced by
people tuning in to hear daily about Stern's running feud with CBS and his
move to Sirius. In other words, CBS actually used Stern's discussion of the
move to Sirius to make more money for CBS. CBS, however, now claims that
Stern's discussion of Sirius cost it money. Just the opposite is the case."
Thompson's third point addresses the stock payment Stern received,
stating that "CBS is proceeding in this lawsuit under the bizarre notion
that because Stern has made money -- $200 million in accelerated payment of
Sirius stock -- that CBS is entitled to the extra money Stern has cleverly
made. The measure of damages, however, in a lawsuit is based upon what the
plaintiff has lost not what the defendant has made."
Thompson sums up his missive by saying, "CBS used Stern and the
'Sirius issue' to make money, not lose money, and because Stern personally
made money in the process as well, the CBS suit looks like exactly what
Stern says it is: 'a personal vendetta by CBS' Les Moonves.'"
Thompson also summed the situation up this way: "Put another way, a
pimp is more culpable than his prostitute. CBS pimped Howard Stern for two
decades for all he was worth to them, and now they're shocked to find he is
a prostitute who has sold his wares to the highest bidder? Please."
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