pti esc, Charters Caplin Drysdale | mete ov 2 38202-17030 Fax April 7, 2015 VIA ELECTRONIC MAIL, Re: Deceptive and Defamatory Advertisements on Your Broadcast Station Dear Station Representative: | write to bring to your attention a deliberately misleading advertisement that an outside group calling itself the “Foundation for a Secure and Prosperous America” (“FSPA”) is running on your broadcast station (“the Advertisement”). ‘The Advertisement attempts to deceive voters regarding Senator Rand Paul’s position on U.S-Iran relations through at least three false statements: * The Advertisement falsely claims that “President Obama says he'll veto [sanctions for Iran}. And Rand Paul is standing with him.” In reality, Senator Paul has repeatedly voted to impose sanctions on Iran.' He has underscored his support for sanctions as a valuable negotiating tool in multiple public statements.” And Senator Paul adamantly opposes the Obama Administration’s policy of unilaterally lifting existing sanctions.’ In contrast to FSPA’s claims, then, Senator Paul has been a consistent, vocal critic of President Obama’s apparent preference for an impotent negotiation strategy and sanctions-free dealings with Iran. * The Advertisement wrongly alleges that “Rand Paul supports Obama’s negotiations with Iran.” Unlike some members of the Establishment, Senator Paul does believe that diplomacy-through-strength can lead to a peaceful and independently verified dismantling of Iran’s nuclear program, But he does not in any way support the Obama Administration's weak negotiation tactics, Senator Paul has, in fact * See, eg,, Menendez/Kiirk amendment No, 1414 to National Defense Authorization Act for fiscal year 2012, S. 1867 (Dec. 1, 2011); Menendez/Kirk amendment No, 3232; National Defense Authorization Act for fiscal year 2013, §, 3254 (Nov. 30, 2012); §. Res. 65 (May 22, 2013); Kirk modified amendment No. $45; Concurreni Budget Resolution for fiscal year 2016, S.Con. Res. 11 (March 26, 2015), ? See, eg, Hannity, How Would ‘President Rand Paul" Handle Current World Issues?, FOX News (luly 25, 2014) les the same way with sanetions on Iran, I'm for sanetions on Iran with or without Europe, but they have more clfect with Europe being involved."), available at hitp:/www foxnews.com/transerip!2014/07/28/how-would- president-rand-paul: urrent-world-issues! » See, e.g, Senator Rand Paul, Public Remarks (Apr. 7, 2015) ("The difference between President Obama and imyself—he seems to think you can negotiate from a position of weakness. It concerns me that the Iranians have a different interpretation of the ageeement than the Obama State Department. It concerns me that they may attempt to unilaterally and prematurely halt sanctions.").Caplin’eDrysdale sponsored legislation that requires any agreement with Iran to be pre-approved by Congress. «The Advertisement incorrectly asserts that Senator Paul does not believe Iran is a national security threat. The truth is that Senator Paul has, from the beginning of his time as a public figure, frequently characterized Iran as a grave threat to our national security that must be dealt with appropriately: “I do think Iran having nuclear weapons is a threat to the stability of the Middle East. I think hat should do everything possible to keep them {rom having nuclear weapons." These false claims bankrolled by FSPA do not constitute a “candidate use.” Under Columbia Broadcasting Sys., Ine. v. Democratic Nat'l Comm., 412 U.S. 94 (1973), and Nat’! Conservative Political Action Comm., 89 FCC 2d 626 (1982), your station is not obligated to air any advertisements from outside groups, such as FSPA, as outside groups have no guaranteed right of access to air their advertisements on your station, Your broadcast station is therefore not protected from legal liability for airing a false and misleading advertisements sponsored by FSPA. Moreover, broadcast licensees have a legal responsibility to review and to eliminate any false, misleading, or deceptive materials contained in advertising, Failure to do so can be grounds for revocation of a station’s license. See Cosmopolitan Broad Corp. v. FCC, 581 F-2d 917, 927 (D.C. Cir. 1978) Your station is hereby on notice that the Advertisement is false, FSPA intends only to deceive voters and defame Senator Paul’s reputation, Your station should not be complicit in this misconduct, Rand Paul for President therefore respectfully demands that your station immediately cease airing the Advertisoment. Please contact me at your earliest convenience (202-862-5046 or msanderson@capdale.com) to advise as to your station’s actions with respect to the Advertisement, Sincerely, Matthew T, Sanderson General Counsel Rand Paul for President “s, 615, lran Nuclear Agreement Review Act of 2015, List of co-sponsors available at hups:/ivww.congress,gov/bill/Ath-congressisenate-bilV’ LSleosponsors, * The Bill O'Reilly Show, Pau! Won't Rule Out Preemptive Strike on Iran, FOX News (May 24, 2010). See, eg The Sitvation Room, C14 Nominee Gets « Grilling (Feb. 6,2013) (*Uhave sad tha ll options shouldbe onthe table, and Ido agree with that."), available ar hu! $/1302/06/sitroor, 02,