Randall Terry campaign legally airs graphic ads in WV - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Randall Terry campaign legally airs graphic ads in WV

Posted: Updated:
  • Local NewsLocal NewsMore>>

  • UPDATE: All Northbound lanes open on I-77 at East River Mountain Tunnel

    UPDATE: All Northbound lanes open on I-77 at East River Mountain Tunnel

    Saturday, July 26 2014 6:42 PM EDT2014-07-26 22:42:00 GMT
    All northbound lanes are back open after a tractor trailer that caught fire inside the East River Mountain Tunnel on Friday. It happened in the northbound lanes of the tunnel that divides Mercer and Bland around 2:00 Friday afternoon.
    All northbound lanes are back open after a tractor trailer that caught fire inside the East River Mountain Tunnel on Friday. It happened in the northbound lanes of the tunnel that divides Mercer and Bland around 2:00 Friday afternoon.
  • Sistersville Woman Crowned Mrs. West Virginia, Will Compete for National Title

    Sistersville Woman Crowned Mrs. West Virginia, Will Compete for National Title

    Tuesday, July 15 2014 4:17 AM EDT2014-07-15 08:17:38 GMT
    A Sistersville mother, wife, and soon-to-be teacher, holds another very impressive title as she gets ready to take on the competition on a national stage.Mrs. West Virginia, Melissa Smith, will compete for the title of "Mrs.United States," in September. Smith travels throughout the state right now helping to push her platform. "Right now, I'm very focused on improving literacy education. I'm going to be an elementary school teacher and I have been traveling throughout West Virginia reading to...
    A Sistersville mother, wife, and soon-to-be teacher, holds another very impressive title as she gets ready to take on the competition on a national stage.Mrs. West Virginia, Melissa Smith, will compete for the title of "Mrs.United States," in September. Smith travels throughout the state right now helping to push her platform. "Right now, I'm very focused on improving literacy education. I'm going to be an elementary school teacher and I have been traveling throughout West Virginia reading to...
  • Federal judge in Martinsburg, West Virginia, sends 10 to prison for violating probation

    Federal judge in Martinsburg, West Virginia, sends 10 to prison for violating probation

    Sunday, July 6 2014 11:00 AM EDT2014-07-06 15:00:12 GMT
    Nine Martinsburg, West Virginia, residents and another from Keyser were sentenced to federal prison for breaking the law while they were on supervised release or probation.
    Nine Martinsburg, West Virginia, residents and another from Keyser were sentenced to federal prison for breaking the law while they were on supervised release or probation.
  • GovernmentGovernmentMore>>

  • WV Senate race firing up thanks to 'war on coal'

    WV Senate race firing up thanks to 'war on coal'

    Monday, July 28 2014 2:29 PM EDT2014-07-28 18:29:34 GMT
    The race for West Virginia representation in the U.S. Senate is firing up, in more ways than one. In the first television advertisement released for the West Virginia Senate race, Secretary of State Natalie Tennant shuts off power to the White House.
    The race for West Virginia representation in the U.S. Senate is firing up, in more ways than one. In the first television advertisement released for the West Virginia Senate race, Secretary of State Natalie Tennant shuts off power to the White House.
  • Rep. Nick Rahall addresses need for Congress to 'act' on VA legislation

    Rep. Nick Rahall addresses need for Congress to 'act' on VA legislation

    Monday, July 28 2014 8:27 AM EDT2014-07-28 12:27:49 GMT
    U.S. Rep.Nick J. Rahall, D-W.Va., said July 25 on the House floor leaders needed to come together and act to complete legislation that addresses shortfalls within the Department of Veterans Affairs.
    U.S. Rep.Nick J. Rahall, D-W.Va., said July 25 on the House floor leaders needed to come together and act to complete legislation that addresses shortfalls within the Department of Veterans Affairs.
  • West Virginia sees high rates of health insurance coverage

    West Virginia sees high rates of health insurance coverage

    Saturday, July 26 2014 10:00 AM EDT2014-07-26 14:00:27 GMT
    A new report done by Wallet Hub, a company whose motto is to focus on “financial decisions and saving money,” found only 6 percent of West Virginians do not have health insurance coverage.
    A new report done by Wallet Hub, a company whose motto is to focus on “financial decisions and saving money,” found only 6 percent of West Virginians do not have health insurance coverage.

Campaign season advertisements make a lot of people groan, and a new round of them from Independent candidate for President, Randall Terry, are causing a different reaction.

Terry is registered to run in West Virginia, and because he is a federal candidate, his ads can run in the states where he is on the ballot uncensored and unedited.

"Third-party ads, we're not required to run," explained Michele Crist, executive director of the West Virginia Broadcasters Association. "When it comes to federal ads, when they are registered in this state, we are mandated.

"It is very cut and dry."

David Allen Barnette, general counsel to the WVBA and partner at Jackson Kelly PLLC said stations licensed by the Federal Communications Commission are obligated to run federal ads. He said Terry's largest advertising purchase in West Virginia was for seven spots, and the smallest buys were for only one ad.

"The ad is terrible," Barnette said. "It shows, among other things, an aborted fetus, a dismembered child, and quite frankly, if it were up to the stations, we wouldn't run it, but we're confronted with three options."

Barnette said stations could run the ads just like any other political advertisements, run it with what's called a "front card," and a "tail card," with information on a graphic before and after the ad or the third option stations in West Virginia took, which was to run the advertisements with a warning before it, advising viewers that the ad should not be viewed by children, and the station is required to air it. That option was recommended by the FCC.

"Randall Terry has previously tried to run an ad in the Super Bowl in Chicago on local stations," Barnette said. "Terry has a history of running grotesque ads, using the federal laws to convey his anti-abortion, pro-life message, but this is the first time I've seen these kinds of ads in West Virginia."

Barnette said he's been advising stations for about 30 years, and while the risk for inappropriate ads is always present, he said this is the first experience he's had with an ad at the federal level that was wholly inappropriate.

The Federal Elections Commission only regulates that statements be placed on public communication that identifies who paid for the communication and who authorized the communication, if it's applicable.

"The FEC does not regulate that content of the communication for issues of sensitivity or appropriateness," said Christian Hilland with the FEC.

Barnette said stations are not liable for ads by candidates themselves, but they are liable for ads from third parties.

"It's a painful time, frankly, for TV general managers, because they certainly can be sued over inappropriate advertising," Barnette said. "It's very difficult for them to sort out these kinds of claims, and difficult for us to advise them."

According to a Terry campaign email, he is on the ballot in West Virginia, Kentucky and Nebraska.