State Rep. Jim Riesberg, who is up for re-election this fall, was glad not to hear attack-ads on the radio Tuesday. But pending an attorney's review, they may go right back on.
A radio ad paid for by the Trailhead Group stopped running this week on K99 FM and Tri 102.5 FM after Riesberg supporters and other Democrats told the stations it was erroneous.
Cal Hall, general manager of Regent Broadcasting, which has five radio stations in northern Colorado, said he received a call from an attorney threatening to sue the radio stations for libel if the ad continued. Colorado law holds broadcasters liable for knowingly publishing false political ads.
"I pulled them to err on the side of caution," said Hall. "We did some research to find out, and I couldn't discern which side was right and which was wrong, so I sent it to our attorneys in Washington, D.C. ... That set my company up for a lawsuit. I'm not making any decisions about whether they are inaccurate or not." [...]
The ad said Riesberg voted against all "rainy-day fund" measures in the 2006 legislative session, which would have saved excess revenue the state is keeping under Referendum C. But Riesberg voted for at least one such measure, Peek said.
The ad also said Riesberg supported amnesty for illegal immigrants. Peek said that's inaccurate because not only does he not support it, he couldn't vote on it -- it's a federal issue.
This is the first time the radio station has pulled an ad.
So do Dems have a new tactic to challenge Trailhead: threaten liable lawsuits against radio stations?
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