Okay, now it's getting warm in here.
(And the "Limbaugh sponsor" of the title wants to be a "not-sponsor," or perhaps an "alleged sponsor," so I gather. Hm.)
This morning I posted the following diary on the Kos: 31 Advertisers Still Working w/Limbaugh. One of the advertisers still appearing on Limbaugh's show, according to the Atlantic Wire article that I used as my diary source, is a mortgage firm called Network Capital. Never heard of them before last night.
This afternoon I found a response from one Alex Ramirez, a senior honcho at Network Capital, and the same guy who emailed the Atlantic Wire with an update on their advertising status: basically a disclaimer saying that WMAL, the DC radio station that airs Limbaugh's show, puts its ads wherever it likes, and NC has no control over where they go.
Over the transom, please...
(Update: Round 2 is below. Alex is still digging.)
According to an Atlantic Wire update:
Network Capital's Alex Ramirez emails to say the company buys ads on WMAL, the D.C. radio station, not Limbaugh's show. He writes, "Our ad campaign is directly affiliated with WMAL as a broadcast station; their programming director dictates the placement of our ads daily. Network Capital does not agree nor condone Mr. Limbaugh’s opinions or statements."
Well and good, if a bit mealy-mouthed.
But here's what was waiting for me in my inbox:
I am writing you today to address your article on the dailykos.com labeled "31 Advertisers Still Working w/Limbaugh."
You have listed Network Capital Funding as an advertiser of the Rush Limbaugh Show. This is an inaccurate and defaming statement as we do not currently sponsor the Rush Limbaugh show, nor do we pay him to endorse or air our advertisements. Our ad campaign is directly affiliated with WMAL as a broadcast station; their programming director dictates the placement of our ads daily. Network Capital does not agree nor condone Mr. Limbaugh’s opinions or statements, therefore I kindly request that you remove us from your list immediately.
We do appreciate your freedom of speech and we are working diligently with WMAL to ensure the public does not misconstrue our position due to the placement of our advertisements.
Here's the word that got my attention:
defaming. Defaming??? Want to explain that, kemosabe?
Here's the definition of "defamation" from Law.com:
the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.
Are you saying I
defamed Network Capital, Alex?
So here's my response:
Alex, I am in receipt of your email concerning my recent diary on the Daily Kos. That diary is not defaming, and do not try to scare me by using loaded words like "defaming."
This is what I wrote: "The Atlantic Wire lists 31 advertisers still allowing their ads to run on Limbaugh's show." Then I listed your firm under the Gold/Finance listing. You are an advertiser. Your ads run on Limbaugh's show. Q.E.D.
From the update on the Atlantic Wire article: "Network Capital's Alex Ramirez emails to say the company buys ads on WMAL, the D.C. radio station, not Limbaugh's show. He writes, 'Our ad campaign is directly affiliated with WMAL as a broadcast station; their programming director dictates the placement of our ads daily. Network Capital does not agree nor condone Mr. Limbaugh’s opinions or statements'."
As many radio station programming experts have noted, it is quite easy to instruct stations such as WMAL not to broadcast your ads on a particular show. You haven't done so. Therefore, by default, you are allowing your ads to appear on his show because you're not taking action to do anything differently.
Everything you write to me, especially the vague legalisms that are supposed to frighten or intimidate me, will be diaried on the Daily Kos. I have no personal grudge or beef against Network Capital, but I will NOT be bullied because your firm lacks the integrity to pull its ads from Limbaugh's show.
It is in your best interest not to continue this exchange. If you sincerely do not "agree [with] or condone Limbaugh's opinions or statements," then you will see to it that Network Capital ads do not appear on WMAL during Limbaugh's three-hour slot. You will certainly refrain from insinuations that I or anyone else is "defaming" you by drawing attention to what you, or your ads, are currently doing.
I will update the diary to include information about this exchange and the Atlantic Wire info update. But neither I nor the Wire see a reason to remove you from the lists.
Thank you for your time and attention. An apology for your use of such loaded legalisms would be appreciated.
Certainly it doesn't seem that Network Capital has any intention of pursuing legal action against me or anyone else. I don't see how any lawyer with a lick of sense would see any value in filing any sort of libel or defamation suit against me, and the negative publicity that I would work 24/7 to rain down upon them would be far more costly than any judgment they might conceivably win against me (and I'm broke anyway!).
But I don't like the word "defaming," and I don't like nasty little insinuations. I will not remove Network Capital from the diary, though I will update the diary with the Atlantic Wire info and a link to this diary. The hell with this.
Legal observations very welcome.
UPDATE: Proud to add the "recommended" tag to the diary. Thanks, all. And I'm very proud to stand with such a fearless community.
Contact Info from the comments: Their Twitter handle is @networkcapital if you'd like to drop them 140 characters of, uh, righteous praise for their red-blooded defense of American free speech and stufz.
Network Capital on Facebook
Network Capital on the tubules
Telephone: 1.800.300.0018
UPDATE: Heard from Alex again. I won't be adding him to the Christmas list. Here's his missive:
Thank you for your response. I am not trying to scare you in any way and I also do not appreciate your threats to “not continue this exchange”. You have posted information on your post and I simply using my freedoms to reply just as you have done. Speaking to experts and knowing what media contracts Network Capital has in place with WMAL are two totally separate things. My email states that we not condone nor support Mr. Rush Limbaugh’s program in any sort of way or fashion. What I am trying to explain to you is that we are in the process of working with WMAL and our legal department to make these changes and that none of the advertising dollars go to his organization as a supporter. I would like your information to be updated just as the Atlantic Wire has done the same while we remedy this situation. If that is too much to ask and tell your readership, then you are choosing to not inform your readership. I’m sure you can understand that this happenstance has caught many indirect advertisers by surprise, whereas our company as bulk media spots directly purchased through WMAL and not Rush Limbaugh have other hoops to jump through prior to changes taking place. Thank you for your time and understanding.
So now
I'm threatening
him. It's the classic GOPer cycle: attack, then whimper about being victimized. Gaaaah.
Me:
Alex, I appreciate your response. And I appreciate the fact that you're not using language like "defaming" in this communication.
I was not attempting to threaten you in any way by saying it is not in your best interests to continue this exchange, and I don't appreciate your groundless insinuation that I was threatening you. I'm pointing out the facts as I see them, with no threatening behavior stated or implied. As I see it, it's a no-win situation for you. You're advertising, whether by choice or not, on what has become the most toxic and hated show in America. Apparently you haven't pulled out, instead you've given reasons that sound -- fairly or not -- like excuses for staying with the Limbaugh show. As a result, your firm's name is being associated with Limbaugh. I appreciate your position as an advertiser. I also appreciate the fact that other firms, some of them quite small and likely ill-prepared to handle the revenue loss from pulling their ads, have removed their advertising from Limbaugh's show either from a moral/ethical perspective, or because they were responsive to their customers and clients. If you choose to pursue this matter with me, as it seems you are doing, then the resultant publicity will be extraordinarily negative for your firm. That's what I meant by it being in your best interests not to pursue this exchange -- the impact the publicity will have on you. If you choose not to pursue this exchange with me, which I feel is the wiser course of action, then I would suggest that you issue a new press release to state that you are in the process of ensuring that none of your advertising appears on the Limbaugh show from here on out, to the best of your abilities. Then do it. You will then turn the media spotlight away from your firm and you can turn your attention to other, more profitable matters.
I have indeed updated the first diary to reflect the Atlantic Wire story update. Have you not checked it lately? I am telling "my readership," whoever they may be, everything, including the story of my continuing exchange with you. You may find it instructive to peruse that diary as well.
Good luck to you and your firm in your future endeavors.
Update the Last (foreseeably...): 3rd and last exchange. Nothing special. Picture two porcupines who've tangled up with one another carefully extricating themselves. I told him he was being weaselly and mendacious by not just coming out and saying, "We're no longer advertising on his show." And it gave me the option to look at WMAL's Web site. Two thoughts:
1) It looks as if it were designed around 1997, which is appropriate considering
2) the stable of dinosaurs it hosts. Limbaugh is actually probably the LEAST insane of the batch. Crude racists like Hannity and Levin, and wild-assed Alex Jones wannabes like Chris Plante and John Batchelor. Ugh. Time to clear my cache.