in detail, however, we set out a brief excerpt from the
transcript of the broadcast.
MORLEY SAFER, co-host: ... [T]he west [of Ukraine],
where we go tonight, is on a binge of ethnic national
ism. "Ukraine for the Ukrainians" can have a fright
ening ring to those not ethnically correct, especially in
a nation that barely acknowledges its part in Hitler's
final solution.
... [J]ust about every day of the week, the sounds of
freedom can be heard, men and women giving voice to
their particular view of how the new independent
Ukraine should be governed. They disagree about
plenty, but do have two things in common: their old
enemy, Russian communism, and their old, old enemy,
the Jews.
Unidentified Man # 1: (Through Translator) We Ukrain
ians not have to rely on American [sic] and kikes.
SAFER: Yacoov [sic] Bleich left the United States five
years ago to take over as the chief rabbi for the
Ukraine.
Rabbi YACOOV [sic] BLEICH: There is, obviously, a lot
of hatred in these people that are--that are expound
ing these things and saying, you know--obviously if
someone, you know, screams, "Let's drown the Rus
sians in Jewish blood," there isn't much love lost there.
...
SAFER: ... In western Ukraine at least, Hitler's dream
had been realized. It was juden-frei, free of Jews. In
the 50 years since, Jews have drifted in from other
parts of the old Soviet Union, about 7,000 now in
[Lviv]. For some Ukrainians, that's 7,000 too many.
Rabbi BLEICH: Yeah. Well, that's not a secret.
They're saying that they want the Jews out.
...
SAFER: The western Ukraine is fertile ground for
hatred. Independence only underlined its backward
ness: uneducated peasants, deeply superstitious, in
possession of this bizarre anomaly: nuclear weap
ons.... Western Ukraine also has a long, dark history
of blaming its poverty, its troubles, on others.
[Unidentified] Man # 2: (Through Translator) Kikes
have better chances here than even the original popu
lation.
SAFER: Than the Ukrainians.
Man # 2: (Through Translator) Yes.
...
SAFER: The church and government of Ukraine have
tried to ease people's fears, suggesting that things are
not as serious as they might appear; that Ukrainians,
despite the allegations, are not genetically anti-Semitic.
But to a Jew living here ... such statements are little
comfort....
Transcript, Joint Appendix at 92-96.
CONTENTS:
Title Page
I. Background
II. News Distortion
A. Evidentiary standard
B. Licensee's policy on distortion
C. Nature of particular evidence
1. Extrinsic evidence
(a) Outtakes of the interview with Rabbi Bleich
(b) The viewer letters
(c) The refusal to consult Professor Luciuk
2. Evidence of factual inaccuracies
D. Misrepresentation
III. Conclusion
1. Extrinsic evidence
We discuss first the Commission's analysis of the three
pieces of evidence it found were "extrinsic." The Commission
has the responsibility to determine the weight of such evi
dence. The reasons it gives for doing so, however, must be
reasonable and not unfounded.
CONTENTS:
Title Page
I. Background
II. News Distortion
A. Evidentiary standard
B. Licensee's policy on distortion
C. Nature of particular evidence
1. Extrinsic evidence
(a) Outtakes of the interview with Rabbi Bleich
(b) The viewer letters
(c) The refusal to consult Professor Luciuk
2. Evidence of factual inaccuracies
D. Misrepresentation
III. Conclusion
(a) Outtakes of the interview with Rabbi Bleich
The outtakes show that all of Rabbi Bleich's quoted com
ments were made in response to questions about radical
nationalists. Serafyn argued to the Commission that CBS
had misrepresented Bleich's views when it broadcast his
statements without making clear the context in which they
were spoken and without including the qualifications and
positive statements that accompanied them. The Commission
found that the outtakes could indeed "properly serve as
circumstantial evidence of intent," but went on to find that
they did not demonstrate an intent to distort the news
because:
Rabbi Bleich's latter, allegedly misleading comments im
mediately followed ... Safer's statement ... that only
"some Ukrainians" are anti-Semitic.... Indeed, that
the focus of the "60 Minutes" program was upon only a
certain sector of the Ukrainian population is evident from
at least three other express references by Safer to
"Ukrainian ultranationalist parties," "the Social National
ists," and other apparently isolated groups of Ukrainians.
Thus, rather than constitute a distortion, Rabbi Bleich's
negative comments about Ukrainians as utilized can
rightly be viewed as limited to only a segment of the
Ukrainian population.... Nor do we find intent to
distort because CBS did not include in its episode posi
tive statements about Ukraine made by Rabbi Bleich....
[T]he determination of what to include and exclude from
a given interview constitutes the legitimate "journalistic
judgment" of a broadcaster, a matter beyond the Com
mission's "proper area of concern."
WGPR, 10 FCC Rcd at 8147.
Serafyn argues upon appeal that the Commission erred in
failing to find the outtakes persuasive evidence of CBS's
