VIA E-MAIL, CERTIFIED MAIL AND REGULAR MAIL

Take Back the Media, et al.,
info@takebackthemedia.com
1072 Casitas Pass Road #125
Carpinteria, CA 93013

news-on@takebackthemedia.com
Ms. Julia Sigwart, Owner/Operator
Take Back The Media
1072 Casitas Pass Road #125
Carpinteria, CA 93013
Re: Talk Radio Network Enterprises v. Take Back the Media, et al.

Dear Parties:

This office represents Talk Radio Network Enterprises, Inc. ("TRN"), which has forwarded to us for immediate action information with respect to your false and malicious commentary concerning Laura Ingraham and Lee Habeeb, published via the Internet, on, at a minimum, March 5, 2004, under the outrageous headings of "INDECENT" and "Laura Ingraham: Indecent!!" (the "Defamatory Commentary").

First, and most specifically, the Defamatory Commentary misquoted Lee-Habeeb as saying "Did Tucker get to fuck her?" when, in reality, the actual statement was Did Tucker get to pucker?

Second, the context of the Defamatory Commentary expressly addressed the misquoted statement to imply that it equated with the form of intentional "shock jock" programming which Clear Channel recently announced an intention to eliminate.

The Defamatory Commentary fails to acknowledge that the misquoted statement was not made as part of any ongoing discussion of sexual acts or series of sexual references, or that "The Laura Ingraham Show" (the "Show"), which is produced and syndicated by TRN, is wholly devoid of any such content.

Rather, Ms. Ingraham made a simple current events comment as to the irony of the very conservative (in demeanor and appearance - "Bowtie boy") Tucker Carlson interviewing "sex kitten singer, Britney Spears". In response, Mr. Habeeb, whose innocent quick wit was perhaps too fast for many people to follow in this one instance, made a quick reference both to the infamous kiss on-stage (with Madonna) Britney Spears is now noted for, and a rhyme with Tucker Carlson's first name, and quickly asked, "Did Tucker get to pucker?" quick-witted way of asking whether the interview between the staid Mr. Carlson and the less staid Ms. Spears involved any staged kiss between them).

It is possible that a person who did not instantaneously pick up on Habeeb's tongue-in-cheek reference to the Britney-Madonna kiss might have misconstrued the comment. However, the fact that an innocent quick-witted comment might have been misheard by some does not change its character from innocent banter to "real conservative filth" or "blatantly indecent program content." Nor does it justify your actions in publishing a false transcript via the Internet, or your false characterizations of that comment on the Internet.
Moreover, you have used your publication of your false transcript, and your false characterizations of that statement, in an ill-disguised campaign to encourage "a conservative pundette[sic]" to be thrown off the air as some form of retaliation for Clear Channel's suspension of Howard Stern for actions which Mr. Stern does not dispute took place. Moreover, rather than restrict the Defamatory Commentary to some form of rhetorical commentary that might be construed to urge Clear Channel to reconsider its decision on the Howard Stern Show, or to be a debate over what was or was not said on the Howard Stern Show, and whether Clear Channel's actions were, or were not, appropriate in that wholly separate situation, you expressly "urge" Clear Channel, and then go further and urge the persons receiving your Defamatory Commentary to urge Clear Channel, to suspend Laura Ingraham "from all Clear Channel [sic] affiliate stations," effective immediately" and then go even further and supply names and contact information for people to direct such demands to (all based upon a false transcript and false statements published by you)!

Your Defamatory Commentary further urges persons receiving your Defamatory Commentary to contact the FCC, to repeat such false and defamatory claims to official governmental regulators, to assert (falsely) that such "offensive speech" aired on "countless Clear channel [sic] radio affiliate stations" and to urge the FCC "to take action against" what you falsely describe as "blatantly indecent program content"

By going beyond mere commentary on your perception of the actual statements made by Mr. Habeeb, to an express suggestion that persons should contact Clear Channel to induce it to suspend the Show from all Clear Channel stations, and by urging the FCC to take action against Ms. Ingraham and Clear Channel, you have demonstrated clear and undisguised malice in publishing a false transcript and false characterizations of the actual broadcast commentary

You have, in fact, made no effort to verify the accuracy of the information addressed above before sending it. Indeed, to the contrary, even with the poor quality of the tape you have played on the Internet without authorization, a person listening to the tape can discern that the word actually spoken was "pucker" (a distinction that may be more difficult to discern for those who have listened to the tape you have played while thinking of the false phrasing you have already implanted in their minds).

Clearly, the false claims you published without verifying the accuracy of your report clearly tend (and indeed are clearly encouraged by you to the readers of your Defamatory Commentary) to expose Ms. Ingraham, Mr. Habeeb, and TRN, as the producer and national syndicator of the Show, as well as Clear Channel, to "hatred, contempt, ridicule, or obloquy", and are clearly intended the actual phrasing of your publication to cause them to be shunned or avoided and/or have a tendency to cause them "to be shunned or avoided," or which have a tendency to "injure [them] in [their] occupation."Such false statements clearly cannot qualify as statements made "without malice", and clearly are not privileged.

This letter does not purport to speak for Ms. Ingraham, Mr. Habeeb and/or Clear Channel, who of course retain their own separate rights as to misstatements or other defamatory comments or characterizations in the Defamatory Commentary, or waive any claims for damages suffered by TRN to date, or hereafter, as a result of your publication of the Defamatory Commentary

However, the statements in the Defamatory Commentary clearly are designed to expose, and have the effect of exposing, TRN, as the producer and syndicator of the Show, to hatred, contempt, ridicule and/or obloquy, are false and unprivileged, and have the tendency to cause TRN to be shunned or avoided, and tend to injure TRN in its occupation, which are the tests for imposition of civil liability for libel (defamation) in California and most other jurisdictions. Accordingly, such statements are clearly actionable by and on behalf of TRN.
Demand is hereby made on you to discontinue your publication and/or distribution of the libelous statements noted above, and any similar statements in the future, immediately

That includes removal of any and all such Defamatory Commentary and any related false and misleading information from your main Web sites and all archive sites.

In addition, demand is hereby further made upon you to publish a retraction correcting the false and defamatory statements cited above, and that you provide TRN, in care of this office, with copies of such retraction, together with an appropriate proof of publication, on or before 5:00 p.m. on Tuesday, April 6, 2004,

In addition, you are rebroadcasting one or more portions of the Show over the Internet without the consent or approval of TRN. Please be advised, though you should be, and no doubt are, aware already, that: (i) you have no authority to rebroadcast or publish any portion of the Show or any other talk radio program produced and/or syndicated by TRN ("TRN Programming"); and (ii) any such publication and/or rebroadcast of any portion of such shows constitutes a violation of TRN's copyrights in TRN Programming and a clear violation of applicable laws. Accordingly, you must immediately cease and desist broadcasting TRN Programming, whether in whole or in part, even in those cases, such as your reported segment of the Show which you have falsely misquoted, which demonstrate the falsity of your claims (if one listens carefully and with an open mind).

Please be advised that any failure on your part with respect to any of the matters addressed above will ensure commencement of appropriate legal action to recover all actual and punitive damages, and all other relief, to which TRN is entitled as a result of your publication of such defamatory, and clearly malicious statements, from and with respect to each and every person or entity engaged, or assisting, in the publication and/or distribution of such statements.

Very truly yours

Ronald H. Severaid
Talk Radio Network, Inc.
Laura Ingraham
Mr. Lee Habeeb