Rick Snyder Letter

8/12/2019 Rick Snyder Letter

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February 6, 2014Page 2

This past Saturday, February 1, the Associated Press refuted the DGAs allegations,stating:

To combat Democrats allegations that he cut education funding,Snyder's ad says it is up under his watch. That is true. The state'sK-12 spending, not including federal cash, has increased everyyear of his term.

David Eggert,AdWatch: Snyder claims 'comeback kid' moniker, AP, Feb. 1, 2014,available athttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=ZmUWkSpn(Exhibit B)

On Sunday, February 2, the Detroit Free Press also combated the DGAs educationclaims, maintaining:

Did Snyder cut $1 billion from K-12 education, as many critics

claim?

The answer is no, state records show.

State funding for K-12 schools has increased by $723 millionunder Snyder, from $10.7 billion in fiscal year 2011 the last

budget of former Gov. Jennifer Granholm to $11.4 billion infiscal year 2014.

.

The story of the $1-billion cut dates to Snyders first budget,presented in 2011 for the 2012 fiscal year. But even the charge

that Snyder cut $1 billion from schools in his first budgetdoesnt stand up to scrutiny.

Paul Egan,Analysis: More money for Michigan's schools, but not for its classrooms, DETROITFREE PRESS, Feb. 2, 2014,available athttp://www.freep.com/article/20140202/OPINION05/302020053/michigan-schools-funding-rick-snyder-cuts-education-students-kids-budget(Exhibit C)

In reality, since Rick Snyder took office in January of 2011,he has increased statefunding for education by $800 Million. If the DGA had performed even minimal research, itwould have learned that state funding for education has increased every year of Rick Snydersterm as governor. The Senate Fiscal Agencys chart documenting the states school aid fundinghistory makes patently clear that state funding for education has increased since January 1, 2011,the date Rick Snyder assumed office. SeeSenate Fiscal Agency, School Aid Funding History,


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available athttp://www.senate.michigan.gov/sfa/Departments/FundHistory/FHk12_web.pdf(Exhibit D).This is precisely why MLive, the AP, and the Detroit Free Press have all debunked the DGAs

bogus claim that Rick Snyder cut over $1 Billion from education.

It is difficult to determine what source the DGA is relying on to support its spuriousaccusation because it fails to present any on-screen citation whatsoever. However, if prior DGAads are any indication, it is possible the DGA is relying on a Senate Fiscal Agency bill analysison FY 2011-12 school and budget appropriations that it provided as backup to its previous

baseless attack on Rick Snyder. If this is the case, the DGAs so-called backup does nothing butrefute its own claims. In fact, the Senate Fiscal Agencys bill analysis makes clear that anyreduction in school funding that would have resulted in over $1 Billion in cuts to educationwere a direct result of the expiration of federal funds received under the federal stimulus andFederal Education Jobs Fund programs.

As Governor, Rick Snyder had no control over the federal governments allocation offederal funds to the state under these programs, and he certainly did not have the ability to cutsuch funds. The allocation was entirely a product of federal law. As MLive makes clear, [i]n2010-11, the school aid budget was bolstered by $184.3 million in federal stimulus funds and a$316.3 million federal education job grant, neither of which were available for Snyder's first

budget. MLive article (Exhibit A). MLive determined: Bottom line: Snyder's first budget didcut school aid gross appropriations, but the spending reduction was much smaller than criticsmake it out to be and coincided with the loss of significant federal funds.Id.

If the DGA is so concerned with the states decrease in education funding from the

federal government, perhaps it should take its case to President Obama or its allies in Congress.Or, it should have pressured its favored gubernatorial candidate, Mark Schauer, to halt theexpiration of federal education aid to Michigan while he was a Member of Congress and thereduction happened on his watch. What the DGA cannot do, however, is spread falsehoodsabout Rick Snyder to your viewing audience that he cut over $1 Billion from education when ithas been exposed as an outright, indefensible lie by so many news and fact check organizations.

The DGA has not provided a shred of legitimate evidence to support its allegation thatRick Snyder cut $1 Billion from education. The DGA would rather spread lies about Snydersrecord and trick Michigan citizens into believing blatant falsehoods than legitimately informingthem about real issues or true policy stances. Your viewers deserve better.

FCC OBLIGATIONS

Importantly, this attack by DGA does not constitute a candidate use. Under ColumbiaBroadcasting Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94 (1973), and Natl ConservativePolitical Action Comm., 89 FCC 2d 626 (1982), your network is not obligated to air anyadvertisements from third parties, such as DGA, as third parties have no guaranteed right ofaccess to air their advertisements on your network. Thus, broadcasting stations are not protected


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from legal liability for airing a false and misleading advertisement sponsored by DGA.Moreover, you have a duty to protect the public from false, misleading or deceptiveadvertising.Licensee Responsibility With Respect to the Broadcast of False, Misleading or

Deceptive Advertising, 74 F.C.C.2d 623 (1961). Failure to prevent the airing of false andmisleading advertising may be probative of an underlying abdication of licenseeresponsibility.Cosmopolitan Broad. Corp. v. FCC, 581 F.2d 917, 927 (D.C. Cir. 1978).

Michigan voters deserve to cast their vote knowing the truth about their candidates, andDGAs ad is a willful and knowing attempt to reinvent the truth. We urge you to recognizeDGAs blatant disregard for the truth and we respectfully demand that your network refuse to airthis false and misleading ad. We further request that you reject any attempts by DGA to purchasetime for the future airing of this ad because of its material misstatements of fact and blatantdisregard for the truth.

Thank you in advance for your prompt attention to this matter. We would respectfullyrequest the courtesy of a reply; and if you have questions, or believe that this ad is somehow fitfor airing on your station, we ask that we have an opportunity to, as soon as possible, discuss thismatter further. We can be reached directly at (202) 772-0915.

Sincerely,

Charles R. SpiesJames E. Tyrrell IIICounsel to Rick Snyder for Michigan

Enc.

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Rick Snyder Letter