LAW OFFICE OF JOHN FOGARTY, JR.

4043 North Ravenswood, Suite #226

Chicago, IL 60613
(773) 549-2647 (phone)
(773) 681-7147 (fax)
www.fogartylawoffice.com

April 13, 2017

Via e-mail to Richard_Brehm@comcast.com

Comcast Cable
Attn: Richard Brehm
30700 Telegraph Road, Suite 4600
Dept. #100
Bingham Farms, MI 48025

Re: Club for Growths Untruthful Advertisement Against Congressman Adam

Kinzinger

Dear Mr. Brehm:

Please be advised that my firm represents Kinzinger for Congress (the Committee), the
authorized campaign committee for Congressman Adam Kinzinger, who represents the 16th
Congressional District in the State of Illinois.

This letter is in regard to a negative, blatantly false advertisement the Club for Growth
(CFG) is running against Congressman Kinzinger (the Advertisement) on your television
network. Without a doubt, the Advertisement contains false information deliberately intended to
mislead Illinois residents and defame Congressman Kinzingers reputation. Because the
Advertisement conveys messages that are plainly disproven by fact, we respectfully demand that
your station immediately stop airing the Advertisement and that no further airings of this
misleading content be allowed on your station.

Of particular concern is the Advertisements false claim that Congressman Kinzinger is

in disagreement with repealing and replacing Obamacare. The Advertisement specifically states,
So who is standing in the way? Professional politicians like Adam Kinzinger. Kinzinger wont
support the Presidents plan. This claim is completely false, and we challenge CFG to show us
where, at any time, Adam Kinzinger has ever refused to support the Presidents plan to
repeal and replace Obamacare. It cannot, because the simple fact is that CFGs claim is
deliberately false.

Under Columbia Broadcasting Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94 (1973),
and Natl Conservative Political Action Comm., 89 FCC 2d 626 (1982), your stations are not
obligated to air any advertisements from third parties such as CFG, as third parties (as opposed
to candidates) have no guaranteed right of access to air their advertisements on the public
airwaves. Thus, broadcasting stations such as yours are not protected from legal liability that
arises from airing a false and misleading advertisement such as the Advertisement.

Moreover, broadcast licensees have a legal responsibility to review and to eliminate any
false, misleading, or deceptive materials contained in political advertising. The Advertisement
makes the false and misleading claim that Adam Kinzinger is standing in the way of the
Presidents plan to repeal and replace Obamacare. Nothing could be further from the truth.
Congressman Kinzingers support for the Presidents Obamacare repeal plan is exceptionally
well-documented. He voted to pass the bill out of the Energy and Commerce Committee (Roll
Call attached). He publicly expressed his own disappointment after the Presidents plan failed to
garner enough votes to pass in the House in an Op-Ed in the New York Times.

Further, for your ready reference, attached are a handful of articles that additionally detail
Congressman Kinzingers public support for the Presidents plan. For example, the Chicago
Tribune in an article entitled Most Illinois House Republicans Follow Party On Health Care on
March 23, 2017 noted Congressman Kinzingers support for the GOP bill to replace the
Affordable Care Act, or Obamacare . . . In an article entitled Trump Begins The Count For
Votes On Obamacare, author Dwight Schwab reported on the whip count for the Obamacare
repeal vote, and included Congressman Kinzinger as an Aye vote. The Advertisements
suggestion otherwise is the kind of blatantly false statement that has no place being carried by a
respected media outlet such as yours.

Finally, we note that the CFG has improperly appropriated the Presidential Seal in the
Advertisement in an apparent attempt to give its message the gloss of legitimacy. We note that
the CFGs use is prohibited by 18 USC 713 (a), which states:

Whoever knowingly displays any printed or other likeness of the great seal of the
United States, or of the seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal of the United States
House of Representatives, or the seal of the United States Congress, or any
facsimile thereof, in, or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play, motion picture,
telecast, or other production, or on any building, monument, or stationery, for the
purpose of conveying, or in a manner reasonably calculated to convey, a false
impression of sponsorship or approval by the Government of the United States or
by any department, agency, or instrumentality thereof, shall be fined under this
title or imprisoned not more than six months, or both.

Your stations are hereby on notice that the Advertisement makes false statements of fact
intended to deliberately deceive residents of the 16th Congressional District and to defame Adam
Kinzinger. In light of the foregoing, we demand that you immediately cease the airing of this
false and misleading Advertisement and further request that you reject any attempts by CFG to
purchase time for the future airing of this Advertisement.
 Your immediate attention to this matter is required. Please contact me regarding this
matter at your earliest opportunity.

Very truly yours,

/s/ John G. Fogarty, Jr.

John G. Fogarty, Jr.