Letters from Acorn's attorney to Roger Ailes, FOX president...


Dear Mr. Ailes:

The Association of Community Organizations for Reform Now ("ACORN") has begun a careful investigation into the doctored videotape being played by FOX News, on line and on the air, allegedly showing an ACORN staffer in Baltimore giving dubious tax advice to people claiming to be a pimp and a prostitute.

It is very clear that the questions being asked are a voiceover, placed on the tape by the film maker. The staffer involved claims that the questions she was asked were not the questions asked by the voiceover online. In face, she denies ever giving tax advice to people identifying themselves as a pimp and a prostitute.

These tapes were clearly filmed several months ago. They are not "news"; they are a form of "art". FOX News certainly had time, if it believed that the tapes had news value, to ask ACORN to review the tapes and to comment about their accuracy.

It is ACORN's position, at this time, that the videotape is doctored and that the voiceovers change the real dialogue. We demand, as counsel to ACORN, that FOX cease publication of these tapes unless it can produce proof that the conversations actually took place.


Dear Mr. Ailes:

As a follow-up to my letter of September 10, 2009 concerning FOX News' publication of videotapes purporting to show ACORN staffers giving tax advice to an actor posing as a prostitute.

After looking at the law, it is our conclusion that the filming and broadcast of the conversations at the Baltimore ACORN offices violates (...)10-42(a)(1) of the Courts and Judicial Proceedings Article of the Maryland Code, which makes it unlawful to willfully intercept, endeavor to intercept, or procure any other person to intercept any oral conversation unless all parties to the communication consent. FOX News, the filmmakers, and the producer of the videos have clearly violated this statute. It is also our belief that the tape broadcast today, involving ACORN's Washington, D.C. office, violates (...)23-542 of the D.C. Code in that the conversation was recorded for no purpose other than to cause injury.

ACORN and the women whose conversations were taped have authorized us to commence an action for damages and injunctive relief addressed to FOX News, the producer of the videos, and the filmmakers. We demand, in advance of that litigation, that FOX immediately withdraw the videos from the air and from the internet until a court rules on the lawfulness of the distribution and broadcast of the videos.

(Links to PDFs contained in the ACORN link in my previous post.)