%%%%%%%%%%%%%%% Editorial Board of CBS Incident Committee %%%%%%%%%%%%%%% Wednesday, June 1, 1994 ============================================================================= *** Part III. Suggestions and Discussion *** ============================================================================= Table of Contents # of Lines ----------------------------------------------------------------------------- 1. Some Thoughts Regarding the CBS Incident ........................... 20 2. Against that Particular CBS Report, Nothing More, Nothing Less ..... 116 3. Consulting with Other Human Right Organizations .................... 146 4. Class Action ....................................................... 170 5. Make a Serious Effort to Seeking Legel Consultants ................. 192 6. Demonstration in the proper time ................................... 221 7. Start Working at All Levels ........................................ 230 8. A Look at the CBS Report from an American .......................... 269 ============================================================================== ---------------------------------------------------------------------------- 1. Some Thoughts Regarding the CBS Incident ---------------------------------------------------------------------------- From: RSW@gnv.ifas.ufl.edu Fellows, I'd like to offer my 2 cents regarding the CBS incident, as follows. 1. Goals Low goal: Seek a public apology from CBS to ALL CSS, either voluntary or by court injunction. High goal: Seek both monetary compensation and public apology by filing a "class action" lawsuit. 2. Nature The nature of the incident is defamation, false information and racial discrimination, wrongfully causing reputation injury, emotional distress and potential racial hatred toward CSS. 3. Strategy To achieve the low goal, the following may be done: (1). Letter campaign to civil and governmental organizations, such as the NAACP, ACLU, Civil Rights division of the Justice Department, the FCC, etc. (2). Contact Asian/Chinese civic organizations for help. (3). Press release (fax) to major news organizations. (4). Targeted demonstration (at CBS headquarters). One well organized demonstration will do (for symbolic purposes). (5). Class action lawsuit. To achieve the high goal, a class action lawsuit must be pursued. Remember, a lawsuit will serve not only symbolic purposes, but also practical purposes. Many news organizations may not want to carry our story for lack of substantiation. However, they may be willing to report the lawsuit matter-of-factly. Also, win or lose, a lawsuit will likely discourage similar incident in the future. Furthermore, even without winning the lawsuit and monetary compensation, a lawsuit will provide an effective platform to settle the case with CBS out of court for a public apology (the low goal). 4. Means Legal redress is the most effective means for our cause. Given public sentiment (right or wrong) against immigrants, mass movement may not do us much good. Jewish Americans have learned how to take advantage of the legal system, African Americans have also, and Asians are learning this too. We must learn this "trick" to be a mature community. I'm no legal expert, but I believe a class action lawsuit is not so difficult to pursue. If we have a chance of winning, many money-loving lawyers will be interested. Even if we did not have much chance of winning, some lawyers may still be interested if we can make it a high-profil case. It is always more costly for the defendent than for the plaintiff. We may get an out-of- court settlement with CBS before we have to spend too much money. We should pursue a "double-sword" strategy to generate momentum and put pressure on CBS. I suggest to set up a legal action fund for the initiation of the lawsuit (consulting lawyers, preparing materials, and filing the lawsuit). Then we will see what happens (especially how CBS will react). We can always drop the lawsuit if we can get some positive reaction from CBS. Right now, CBS may see us too weak to deserve any reaction from them. We must prove them wrong and make a serious threat with a lawsuit. 5. Some tips Please be rational as compared to emotional. I again urge refraining from targeting on individuals such as Ms. Connie Chung. She is just an employee of CBS and what she reported may or may not be her own choosing. We know how news stuff gets on the air. It is often the decision of the newsgroup or people in charge. An anchor rarely gets to decide the content of what he or she reports. He or she is like a tool or machine in some sense. The liability lies in the organization (CBS), not the iondividuals who act on the organization's behalf. This is both legal and common sense knowledge. What's in Ms. Chung's mind or heart is irrelevant here. BTW, I have no relationship with her. :-) Firing someone should not be one of our primary goals. In conclusion, as many pointed out, a class action lawsuit against CBS is inevitable if we want to achieve something meaningful. Coupled with other efforts, I believe we will get something positive out of this. It's time that we show our identity as a community. Thanks for bearing with me. Jienan Chen ----------------------------------------------------------------------------- 2. Against that Particular CBS Report, Nothing More, Nothing Less ----------------------------------------------------------------------------- From: MECE2AZ@Jetson.UH.EDU Dear MiMi Sr: Thank you for your msg. regarding CBS 5/19 Chinese bashin incident. I whole heartly support any effort in searching for an apology form CBS and any possible legal action against CBS. I also want to thank you for what you have done so far. If you have time to continue to read, I would like to have some input on the focus of this compaign. I suggest we concentrate on the discrimitive, insulting and potentially damaging report by Connie Chung on "Eye on America" on CBS 5/19 Evening News. But, IMHO, we need to avoid the following impression: 1) that this action is a explosion against general discrimination against all Chinese; 2) that we try to link this incident with the issure of unfair media coverage on illegal Chinese immigrants; 3) that we are against the whole media establishment. In all, we, the potential victims, are finghting against that particular CBS report, nothing more, nothing less. For us to have a chance, we can't afford to lose our focus. I also like to take the chance to express my gratitude to your work in organizing the lad-net. Xiaohua Sun, mece2az@jetson.uh.edu --------------------------------------------------------------------------- 3. Consulting with Other Human Right Organizations --------------------------------------------------------------------------- From: WANG@PCIMSG.PCI.UPMC.EDU There is an Asian Legal Organization (name?) set up not long ago to protect Asians from violent crimes. I am wondering whether it is appropriate to contact them. If I remember right, CND reported this organization a while ago. Our campus newpaper interviewed the organization. According to the interview, the propose of the organization is to protect asians in the USA from discrimination and to increase the awareness of crimes against asians. The CBS report may be considered as inciting hatred against Asians. Nobody can tell whether you are Japansese or Chinese just by looking at you, so All Chinese-looking asians are potential victims. This is an opportunity worth to explore. I have suggested several times about consulting with other human right organizations but I don't know any of them. If we can take advantage of such contact, it will not only help us directly about this case, but also make the case more public. --------------------------------------------------------------------------- 4. Class Action --------------------------------------------------------------------------- From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi) Class action is the way I am working to find out. If we have enough money, we can initiate it anyway. But this is very costly process. The best way is to find someone who sees the chance of winning is huge, and is willing to collect the fees only after we win. Otherwise, any fundraising among CSS will be proved temporary and limited. The scale of the fees could be millions. So, we should prepare ourselves, to find more holes in the report. Not a single CSS believes it is the truth. Only we can find the fault of it. If, we have punched enough holes in it and a qualified lawyer smells money in it, then we can initiate it. As I pointed in our anouncement, Mr. Kao came to US in 1971, and definitely was not one of the "planeloads of Chinese", and "Student and scientist or businessman". From this point, it is obvious that the report is based on fabrication. That could be the key point to win the case. Anyone can explore this further more? ------------------------------------------------------------------------- 5. Make a Serious Effort to Seeking Legel Consultants ------------------------------------------------------------------------- From: WANG@PCIMSG.PCI.UPMC.EDU There haven't been lacking of the postings which strongly suggests to sue CBS. And most people believe this is the ultimate way to pursue justice based on the history of human right movement of African American and other ethnicity groups. And someone correctly pointed out that success or failure is not the issue. The purpose is to put CBS on the line and declare to the whole American society that we are not a group of people who can be treated unfairly without punishment. Theoretically, I should say I agree. But two basic questions I think I need to ask before I formally say I agree to sue CBS. (1) What will be the legal identity representing those of us who choose to be represented by it? (2) What will be the nature of this possible law suit? Will it be a human right one or what? I think the answers to these questions is the key of the feasibility of the possible law suit against CBS. I suggest we make a serious effort to seeking legel consultent to see whether we have a clear case here. I don't see any Chinese students and scholars majoring in law to post any thing about these issues. Anybody? And I suggest we make some reasonable contact with other human right organizations to get some experienced consulting. I posted such suggestion in soc.culture.china but see no response. Anybody have any idea about this? ------------------------------------------------------------------------- 6. Demonstration in the proper time ------------------------------------------------------------------------- From: cliu@wuecon.wustl.edu (Chengyan Liu) Another thing, in the proper time, we can organize a demonstration in front of CBS headquarter in New York city in case there's no response from CBS. ------------------------------------------------------------------------ 7. Start Working at All Levels ------------------------------------------------------------------------ From: Rui Sun My personal opinion on this issue is that we should start working at all levels instead of focusing exclusively on suing CBS. First, a coordinated massive mail campaign should immediately start. That's what I am doing here. I drafted a letter, distributed it to everyone here at Albert Einstein College of Medicine and asked them to sign individually before sending it through all channels, mail, fax or e-mail etc to CBS. If we can get thousands of such protest letters flooding into CBS mailbox, they've got to pay attention. Such action does cost much and is not difficult to pursue. Everyone in this group can and should do it. Second, if the 1st step does not produce much result, an organized demonstration can be held on a certain date in front of the CBS headquater and stations around the country. We don't need many persons to draw media attention although more is definitely better. Last but not least, a long term strategy should be set up for legal actions against CBS. This will be the toughest action to take for obvious reasons. We have to plan this in a patient and careful way to get any law firm to take this case. I beg to disagree with some other opinions that any lawyer will do it. A lousy attorny may not only lose the case but also make a fool out of us. It does not have to be the best lawyer, but it should be a reasonably good one. Also we should contact various Asian American groups, other non-student Chinese groups, American civil right groups and news agencies to let them aware of this case and get their support. These steps can be taken at the same time. Anyone on this net can shoulder some of job besides talking and complaining. But IFCSS has to take the responsibility to organize and issue "commands" if you want to call it. ------------------------------------------------------------------------------- 8. A Look at the CBS Report from an American ------------------------------------------------------------------------------- From: Newsgroups: talk.politics.china bio3jlk@cabell.vcu.edu (John L. Kasberger) I'll add some more bandwidth to the discussion of the CBS report. Yes, it was sensationalist, long on speculation and short on documentation. And it certainly appealed to the recent wave of anti-immigration and xenophobia which seems to be sweeping the nation. However, nearly all the discussion in this group seems to have missed a few points: 1) Free speech is guaranteed in this country by the highest law of the land. The only types of expression specifically outlawed are those which potentially endanger others, those which are libelous and those which are slanderous. Was CBS guilty of libel? They provided at least some documentation in their report, something which almost no one in this newsgroup has done in their arguments. Anyone who proposes to sue CBS had better have some legal basis for doing so, and there seems to be very little in this case. 2) CBS did imply that any Chinese immigrant or visitor could be a spy for the CCP. What they did NOT explicitly or implicitly state is that all Chinese visiting the United States are of a nature to commit espionage, whether they do or do not. This latter statement would be slander; the former statement is simply a statistical statement. Although CBS could have pointed out that other nations with which we have diplomatic relations spy on the United States (e.g. Israel), they are not morally responsible for doing so, unless they imply that China is the only nation to spy, which they did not. 3) If you don't like the editorial content of a network or publication, don't watch or read it. You can also tell CBS's sponsors that you object to the content of CBS's broadcasts. You can demonstrate publically against CBS. You can write letters to them. But all of this activity should be based around the opinion that, in their report, CBS failed to serve the community. Unless it knowingly lied -- which no one yet has conclusively demonstrated -- CBS did not act immorally. Therefore, they owe no one an apology. However, they still can be penalized for not serving the community by losing their Chinese-American market share, a fate I feel they deserve, unless they offer an apology anyway. When I was a kid, I went to see the World's Fair in Knoxville, Tennessee. Knoxville is a great city, and I remember the wonderful hospitality of its citizens, but as a native Southerner, I can tell you that the region isn't known for its multicultural awareness. Nevertheless, the Chinese pavillion consistently had the longest lines to see it; the line I waited in was half a mile long and took one and a half hours to wait in. The Chinese exhibit had no 180-degree movie, like the Japanese; no touch-screen laserdisc presentations, like the Unites States exhibit; nor anything else flashy and gimmicky like that. What it had was an excellent demonstration of Chinese art, artifacts, crafts, and history, understated but quite beautiful and moving. I like to think that seeing the Chinese pavillion changed a lot of people's perspective on China. The reason I bore everyone with that story is that is that it gives an example of the best way to fight discrimination: understanding. Suing CBS, demanding an apology, and so on is just goind to further villify Chinese-Americans in the eyes of the typical mainstream American citizen, who is confused enough by a sensationalist, profit-seeking press. Acting to help others understand China and its culture will instead have a quite positive effect. Unfortunately, the mass media isn't likely to help, so anyone interested would probably have to act locally. But these things tend to gain momentum if done properly. -Jay %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% % Coordinator of CBS Incident Committee: Mr. Mi Mi, Sr., % % --------------------------------------------------------- % % Sign on/off at listserv@ifcss.org, with mailbody as: % % sub fcbs-l Firstname Lastname, or signoff fcbs-l % % Post at fcbs-l@ifcss.org % % Anonymous ftp: to be arranged at ifcss.org % %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%