Response by Adam Bonin on behalf of Matt Darragh and PA HDCC to demand from Rep, Martina While that Comcast take down a tv ad featuring footage of her well-publicized unhinged tirade against local immigration activists. (https://www.youtube.com/watch?v=Uspd6fQq-i8) As featured in the Philly Clout column of November 4, 2016.
Original Title
Response to Rep. Martina White (GOP, PA HD 170) cease and desist letter
Response by Adam Bonin on behalf of Matt Darragh and PA HDCC to demand from Rep, Martina While that Comcast take down a tv ad featuring footage of her well-publicized unhinged tirade against local immigration activists. (https://www.youtube.com/watch?v=Uspd6fQq-i8) As featured in the Philly Clout column of November 4, 2016.
Response by Adam Bonin on behalf of Matt Darragh and PA HDCC to demand from Rep, Martina While that Comcast take down a tv ad featuring footage of her well-publicized unhinged tirade against local immigration activists. (https://www.youtube.com/watch?v=Uspd6fQq-i8) As featured in the Philly Clout column of November 4, 2016.
BONIN Direct Phone 267.242.5014 Direct Fax 215.701.2321 adam@boninlaw.com
October 29, 2016
VIA ELECTRONIC MAIL
Susan Kailis Political Sales Manager Comcast Four Tower Bridge 200 Barr Harbor Dr. Conshohocken, PA 19428 re:
Cease and Desist Request (Martina White)
Dear Ms. Kailis:
I am responding on behalf of Friends of Matt Darragh and the Pennsylvania House Democratic Campaign Committee in response to Martina Whites request that you stop airing our commercial which features Whites well-publicized unhinged tirade against local immigration activists. You are under no obligation to take down this newsworthy footage, which is plainly relevant as voters assess whether White is in any way fit for office. Obviously, the ad in question was placed by the Darragh campaign and he appears in the ad. Consequently, the ad constitutes a use of the cable system by a political candidate. Such ads are governed by specific federal statutes and regulations that prohibit Comcast from modifying or rejecting a candidate ad based on its content. Comcast therefore cannot censor or modify a candidate ad and should continue to distribute the ad in question as required by law. That ends the legal question. But lets talk about the ad itself. As a preliminary matter, Mr. Otter does not allege and it is not the case that we ourselves filmed this footage. To the contrary, as has been widely reported for months, the respected Philadelphia-based Al Da newspaper and media entity first brought these shocking images to the public on April 11, 2016 see Max Marin, Rep. Martina White screams at immigration activists, available online at http://aldianews.com/articles/politics/immigration/rep-martinawhite-screams-immigration-activists/42983. Other news sources picked up the story and ________________________________________________ 30 South 15th Street, 15th Floor, Philadelphia PA, 19102
Comcast (Martina White)
Page 2 October 29, 2016 promoted Whites outburst as well, including Philadelphia Magazine, BillyPenn.com, and the Philadelphia Voice. (All of these stories featuring this video have remained online for six-plus months. To our knowledge, no one else is being asked to cease or desist.) More fundamentally, this footage is not protected by Pennsylvanias wiretapping law. It was recorded in Rep. Whites public office in Harrisburg during a meeting in which she invited these members of the public to speak to her there. Surely, she is not contending that she has the right to conduct secret meetings in her taxpayer-funded office and shield these public acts from public scrutiny, and no person involved in that meeting had any expectation that its contents would be private, let alone a justifiable one. Furthermore, Mr. Otter, himself a former Senior Deputy Attorney General in this Commonwealth, cites neither case law nor statute to suggest that there is any possible secondary liability for those who retransmit allegedly wiretapped content. He knows there is none. To the contrary, the media (and this campaign) are free to disseminate this newsworthy material for the public to assess, just as in the case of the Pentagon Papers or Wikileaks. The public has the right to know that Martina White is just as uncivil and unkind to recent Americans in her personal conduct as she is in her legislative actions. They deserve to see that she can be just as hateful as Donald Trump when meeting with people affected by the policies she seeks to advance. As a Pennsylvania lawmaker recently said, This is what the benefit of being in America is. Its that you have the freedom of speech. That was Martina White. In this video. And we plan to continue to exercise our freedom of speech.