October 20, 2008
SD's VoteYesForLife files FCC complaint to stop deceptive abortion ads
A group of SD lawyers and doctors supporting VoteYes held a press conference today in Sioux Falls to draw attention to the blatant falsehoods and misleading statements in the ads being run by "the pro-abortion group which, with cynical disregard for the intelligence of the voters, named itself the "Campaign for Healthy Families."
A complaint was filed with the FCC today and copies of the affidavit were given to each of the major media outlets. Each South Dakota citizen is encouraged to contact their local TV and ask them to stop running these deceptive ads.
Aberdeen lawyer Rory King, one of the eleven South Dakota lawyers who helped draft IM11, discussed the following at the press conference and urged local media to review these ads in light of these concerns and stop running them immediately.
The affidavit includes these points (numbered 4-7). The verbiage that follows is verbatim from the affidavit, not my summary:
4. First, the advertisement claims that, under the Measure, the government, and not the physicians who care for the women, will decide when a woman needs and abortion. This claim is FALSE. Sections 3 (The Life of the Mother) and 4 (The Health of the Mother) expressly leave it to the doctor to decide if an abortion is necessary based upon the accepted standards of medical practice. Those standards are not created by government, but are created by the medical profession itself. In fact, those standards are exactly the same standards under which the medical profession is practicing at the present time.
5. Second, the advertisment indicates that the government, and not the woman's doctor, will decide whether she can get and abortion to preserve her health in cases of diabetes, with renal failure or retinopathy, cervical cancer, severe pulminary hypertension, and multiple scelosis. That is a completely false statement. The doctor, and not the government, makes the judgment in each of those cases, and is clearly no subject to prosecution.
6. Under Initiated Measure 11, no physician can be prosecuted merely because the physician was negligent, and the physicians judgment that an abortion should be performed was wrong - that is, it deviated from accepted standards of medical practice. Criminal liability requires far more. Only if the physician "knowingly disregards" those accepted standards can he be prosecuted. That means the physician must know what the accepted standards are, and deliberately ignore them.
7. Even under the existing abortion law, even under Roe v. Wade, physicians are sometimes called upon to make judgments as to whether an abortion is necessary to preserve the life or the health of the mother. Initiated Measure 11 does not change the existing civil law in that regard. To prevent the current abhorrant practice of abortion on demand, which has basically resulted in the use of abortion as an alternative means of birth control, the initiated measure simply requires that, in the judgment of the physician, and not the government, there be a serious reason, as defined by the measure, for what everyone, including the "Campaign for Healthy Families", agree is an abhorrant procedure - the intentional killing of a human being.
Comments on SD's VoteYesForLife files FCC complaint to stop deceptive abortion ads »
Christina Dunigan @ 4:01 pm
Again, why should they stop lying when it works so well?
That Girl @ 4:46 pm
Reminder: the ads of VY in 2006 said RL6 "had exceptions." Who lies?
Joe @ 4:54 pm
If you live in South Dakota, it is critically important to elect Joel Dykstra to the US Senate. Even if Measure 11 passes, it will not help much if Republicans lose tons of pro-life House and Senate (especially Senate) seats on top of the many we lost in 2006.
Every pro-life voter in South Dakota MUST vote Republican for House and Senate if you care about the future for unborn children. Democrats are unfairly blaming Republicans for the financial crisis which the Democrats themselves caused. We could see huge Republican losses in Congress on Election Day, which would be a disaster for the pro-life cause. We must hold the line here and support every Republican member of the House and Senate and every Republican candidate for the House and Senate.
Steve @ 5:06 pm
That girl - The 2006 VY ads were truthful. The "exception" was just not good enough for everyone. The rape and incest victim had options under RL6 - to get to a hospital within ten days of the crime to have a possible pregnancy terminated before it could be medically detected.
I note you are now refusing to link to me. My loss??? or yours?
That Girl @ 5:26 pm
Nice try, Steve. You're right. The 'exception' of lying about an FDA regulation of Emergency Contraception wasn't good enough for me…or SDans, apparently.
The linking — definitely your loss. Our readership consists of more than just the fringe lunatics.
momoffour @ 7:55 pm
That Girl- I guess when you don't like the message, you shut it down… or lie. Must be afraid of the truth, which is why you use deceptive ads. Try to do better at refuting the above claims of the press conference- come on That Girl, I'm interested in hearing your comments as to why you disagree with points 4-7.
commonsensedad @ 9:30 pm
Jan Nicolay is way out of line with her organization. Back in 2006 her organization demanded exceptions. They're in this 2008 measure.
Anybody care to ask how many people were bussed in from other states to register to vote in SD? Healthy Families know, And they condoned it. Fact.
Travis @ 9:32 pm
That Girl -
Seems you got busted calling VY a Liar. When the proof was put forth, you just ignored it and then rambled on about how it got voted down in 06.
Your side seems to like to throw other partial-truths out as well.
1) You try to make the number of abortions in this state insignificant by saying only .1% of the abortions actually happen here, so it is not big deal. There is no mention that we our population is only about .2% of the US population. You make no mention of the 800 live human babies that are terminated – Misrepresentation 1.
2) You try to make VY look like crazy people that won’t listen to South Dakotans. You say we have already spoken on this, yet they keep bringing it back to the ballot. In ’06 RL6 lost by a margin of 12%. All of the exit polls (on the NO votes) showed that if the same Bill came forth again and had exceptions for Rape, Incest, and Health of a Mother 40% would support it (more than enough to pass it). – Misrepresentation 2
3) You say IM 11 is reckless to a woman’s health by threatening the doctors if they exercise proper medical judgment to protect the health of the mother. This is a blatant LIE. There is no legal repercussion unless the Doctor KNOWINGLY violates common medical practice (the same medical standards they practice under now). – Lie 1
4) You say that the decision for an abortion should be left up to the family, a doctor, and God yet you fight every single parental consent law that comes your way. - LIE 2
5) You say IM 11 is a sweeping Ban on abortion. You fail to mention the exceptions South Dakotans asked for (Rape, Incest, Life of Mother, Health of Mother). – LIE 3
6) You say that IM 11 is from Out of State Interests that is taking advantage of South Dakotans and it is only about advancing a political agenda. The measure was crafted by many Attorneys in our State including our Attorney General. – LIE 4
7) You said that the Campbell’s wouldn’t have had any options and that both of their babies would have died. There are other options that could protect both lives of the twins. – LIE 5
With all of those LIES and MISREPRESENTATIONS how could you even think to call Vote Yes a LIAR?
Complaint Filed with FCC Over Deceptive Pro-Abortion Ads @ 2:06 pm
[…] post earlier today by Pastor Steve at Voices Carry outlines several of the salient points of the complaint file with the FCC today over the […]