Industry-Provided Depositions
Brown & Williamson Tobacco Corporation vs. Walter Jacobson and CBS, Inc., Deposition of Walter Jacobson
Abstract
Deposition statement of Walter Johnson, reporter and commentator from WBBM, argues the philosophies and professional responsibilities for a reporter, includes providing fair and accurate information. Questions whether it is essential to give sense of time and place to the viewer.Presents CBS's standards for reporting, asks if Michael Podutzsky produced an article or script for his article perspective, mentions the confidential FTC report, the pot, wine, beer, sex marketing strategy.
Fields
- Notes
Original document code was 496.
- Minor Subject
- Advertising and Marketing -research
- Advertising and Marketing -strategy
- Federal Trade Commission (FTC)
- Legal Issues -litigation
- Public Relations
- Advertising and Marketing -strategy
- Site
- Minnesota litigation
- Author
- Jacobson, WalterPlaintiff
- Wolfe, Rosenberg and Associates Inc
- Type
- Legal- Deposition Statement
- Non-Industry Publication
- Major Subject
- Advertising and Marketing
- Legal Issues
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A. Right.
Q. And how long were you employed at the
American/Today?
A. This is a real guess. Four years,
three years.
O. That was a full-time employment, sir?
A. Yes.
O- And what were your duties there
A. Reporter.
Q. Did you have a by-line?
A. Yes.
O. You worked hard news?
A. Yes.
O. Did you write any editorials?
A. NO.
O. Did you do any analysis or commentary?
A. That's a difficult question. What do
you mean?
O. Do you do analysis or commentary now?
A. Yes.
O. What is that? What do you mean by that?
A. Well, I do commentary. I mean, I cover
events.
Q. What is the distinction between commentary
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and hard news?
A. I guess that depends on the story you are
talking about. I mean, you have to be a little more
specific.
See, the reason I hesitated before was I
didn't write a column. But if I am covering City
Nall and the covering demands some judgments, I
might describe that as commentary; you migh£ not.
It is a very fine line.
Q. In other words, in your hard news pieces,
you might vent a personal judgment? Is that what
you are saying?
A. Well, I wouldn't vent a judgment.
Q. You would write it?
A. I might say, "Mayor Washington, appearing
somewhat harassed by his Opposition, said today
that..."
I mean, that's kind of an analysis, would
you agree, or a comment? It's reporting.
It'S
reporting, analytical reporting.
O. Did you write --
A. It's reporting.
O. Did you write any editorials for the
Chicago American?
am,.,,,. • 681814477

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A. No.
O. Did you do a column?
A. NO.
O. And when you say what you did for the
Chicago American was reporting, is it fair to say
whether you made a comment about the subject of
your article you tried to be fair?
A. Always.
Q. Accurate?
A. Always.
And even when you made a comment, you
tried, to the best of your ability, to be objective?
A. I don*t mean to be difficult. B0t I don't
want to get stuck on the "comment" word which you
are referring to. I mean, I'm always objective, yes
Q. Okay.
And you left the Chicago Today to go to
WBBM TV as a writer in '64 or '657
A. Somewhere in there.
Q. And was that as a news
A. Yes.
Q. Save you been employed
any capacity other than in
station's News Department?
writer?
by WBBM TV in
connection with that

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A. NO.
O. And is it correct that you have been at
WBBM ever since?
A. No.
Q. All right. Tell me when did you leave?
A. I think I can tell you, if you want to
know specifically, by backing up.
Q. Okay. sure.
A. 13 years ago would have been 197- --
O. '717
A. '75. 13 years ago, '72.
13 from '84 could be '71, too.
A. A guess.
Q. Your best recollection. Lawyers don't
like guesses. Your best recollection.
MR. KLENK: DO the best you can. Let's move
Ono
THE WITNESS: But I don't want to be inaccurate.
BY MR. LONDON:
Q. Mr, Jacobson, let me restate it because Z
want you to be confident about at least one thing
during this deposition.
I fully understand your inability to
pinpoint precise dates in your career. It is a
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failing that I also share. So,
you these dates, all I want you
your best recollection.
I want you to -- indeed,
to and you have agreed to this --
when you look at
off by a year or
will understand.
Do you
A. Okay.
again, when I ask
to do is give me
I have asked you
at some later time
this transcript and you see you are
two or three, fix it and everybody
understand that, sir?
Best recollection?
Yes, sir.
A. 1969, left WBBM and went to WMAQ.
Q. WM -- say again.
A. MAQ.
Q. And how long were you at MAQ, sir?
A. TWO to three years.
Q. What did you do at MAQ?
A. I was a reporter and a commentator.
Is MAQ a television station?
A. Yes.
O. And at the time you were with BBM TV
from about '64 or '65 through '69 as a writer,
were you an on-the-air person?
A. Yes.

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O. And were you an on-air person at
A. Yes.
Q. Did you have a regular show?
A. I was on on a regular basis.
Q. Yes, sir. That's what I mean.
A. There was no Walter Jaoobson Show.
I was not a featured part of a specific
MAQ?
show
every day.
O. What program were you on on a regular
basis?
A. The news.
Q. Which news?
A. Various newscasts.
Q. How often toward the end, at least, of
that tour of duty did you appear in a given week?
A. Oh, five times out of seven.
Q. And when you were at MAQ, did you write,
as well as read the news?
A. Yes.
Q. Was that also true with respect to your
prior appearances on WBBM TV?
A. Yes. I wrote what I read.
O. Just so we are clear, does that refer to
both WBBM TV '64 through '69, as well as MAQ '69 to

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'71 or '27
~. Yes,
Q, You wrote what you read?
A. X wrote what I read.
O. SO If you Head it, it meant that you
wrote it?
A. Right.
Q. NOW, sir, you said to me that for MAQ
you weze a reporter and a commentator?
A. Right.
Could you please explain to me what you
mean by the distinction between those two words?
A, AS a reporter, I was assigned to cover
City Hall, as an example. And I stood in front of
the City council chambers and reported events as
they played themselves out.
As a commentator, I was given the
latitude to interpret events.
5. Would it be correct to describe your role
as a reporter as one involving hard newsg
A. Yes.
O. And would it be correct to say that your
role as a commentator was not just reporting hard
news?

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A. Not reporting hard news, that's correct.
Q. All right, sir. When you --
A. It included reporting hard news.
O- I take it you reported hard news and you
commented about it?
A. Okay.
O- YOU analyzed it, is that fair?
A. Yes.
Q. So you were engaged in news analysis?
A. Yes.
O. And when you did that, did you make
efforts that your viewers understood that you
were engaging in comment or analysis?
A° Yes.
Q. So that you took steps to assure that your
viewers wouldn't confuse Walter Jacobson, the
reporter, with Walter Jacobson, the commentator?
A. Right.
Q. What steps did you take so that they
would know when you were doing one thing and when
you were doing another?
A. I was introduced as a commentator and
have my signature over my face on the screen -- over
my chest on the screen. Underneath my signature, it
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says, "Perspective." It is always introduced as
Walter's Perspective. It is always followed
specifically by a commercial, and it i8 performed
at a place other than the anchor desk.
Q. I think we have a little confusion, but
it may be mine. So let me go back.
I take it that the answer that you
just gave me was with respect to your current
employment --
A. Right.
Q. -- is that right?
A. Right.
Q, Now, let me back up, sir, and ask you a
question about your employment with WMAQ.
When you were at MAQ and you did
reporting and --
A. Comment,
Q. -- and commenting, what steps, if any,
did you or the station take then to advise the
viewer that you were performing one role or the
other?
A. Similarily introduced as a commentator
and similarily performing from a place other than
the anchor desk. And, perhaps, but I'm not positive

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A.
0.
A.
Q.
station
A.
0.
A.
identified
Q. Now, sir,
read station editorials?
A. NO,
O. Write them?
A. NO,
Participate in ----
ND.
as commentator by a word on the screen.
did you when you were at MAQ
-- editorials in any way?
No.
DO you in your current job write
editorials?
NO.
Do you read station editorials?
NO.
Q. DO you have anything to do with
station editorials?
A. Nothing.
Q. That is the prerogative of whom in
rout organization?
A. General manager.
O. Is that Mr. Cummings?
A. Yes.
MR. KLENK: Let's go off the recor~ for
