MEDIA LAW
The University of Montana School of Journalism
Spring Semester



 

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Broadcasters' FCC obligations to political candidates

(seee this overview)

Rule Summary Details Exceptions Cases
Sec. 312 (a)(7)
Candidate access 		Mandates broadcast access by candidates for federal office. License can be revoked for wilful, repeated failures to grant reasonable access. * "Legally qualified" candidates for President, Vice President, Senator or Representative.
* Once campaign begins.
[Under Sec. 307 (public interest responsibilities), can't routinely deny any candidate reas. access] 		Factors in giving access:
* More time sold to candidate?
* Impact on regular programs?
* Sec. 315 requests?
No free access required.
Rates specified.
 CBS, INC. V. FCC, 453 U. S. 367 (1981)
CA holds that networks' refusal to sell time to Carter-Mondale Presidential Committee in 1979 for a 30-minute documentary violated their statutory obligation.
Sec. 315
Equal opportunity or Equal time rules 		If station allows one candidate for public office access to broadcast facilities, it must give all legally qualified candidates for that office equal opportunity upon request (One week deadline to request).
Ballot issues not included. 		Equal time, facilities and costs for all candidates for the same office. Station can't censor candidates (but is immune from libel). No "use" if appearance is in:
* bona fide newscast (unless newscaster is candidate)
* bona fide news ivu show
* spot news coverage of bona fide news event
* incidentally in news doc.
* candidate's press conference.
No "use" if:
* Announcer in pol. ad merely recites candidate's record.
* Candidate's voice or image is used by opponent.

Kennedy for President Committee v. FCC, 636 F.2d. 417 (1980)
Ted Kennedy, 1980 candidate for Democratic nomination, complains that incumbent Jimmy Carter's statements about him in a press conference should have triggered an equal opportunity for airtime for him. FCC held that the statements were exempted as "on-the-spot coverage of bona fide news events." CA affirms.

Becker v. FCC, 95 F.3d 75 (1996)
Anti-abortion candidate for House challenges broadcaster's refusal to air campaign ads containing photos of aborted fetuses in daytime when ads may be "harmful to children." CA holds for candidate.

Telecommunications Research and Action Center v. FCC 26 F.3d 185 (1994)
TRAC appeals FCC ruling that McLaughlin Group is exempt from the "equal time" requirements as a "bona fide newscast. CA affirms.

Branch v. FCC, 824 F.2d 37 (1987)
A television news reporter who wishes to run for public office challenges the Federal Communications Commission's decision that the station which employs him would be required to provide "equal time" to his political opponents. CA affirms.

Johnson v. FCC, 829 F.2d 157 (1987)
Minor candidates argue exclusion from the 1984 debates would restrict their access to the ballot and impinge upon associational choices protected by the First Amendment. Court affirms FCC's denial of petitioners' complaint.

Zapple rule
(quasi equal opp.)
(Named after a key U.S. Senate lawyer who championed public broadcasting during its early years)

 Appearance by candidates' supporters triggers equal opp. for supporters of other candidate(s) for same office. However, it's not clear that this rule has any viability since the abolition of the fairness doctrine. same as above same as above

Nicholas Zapple, 23 FCC 2d 707 (1970)

In 2004, John Kerry threatened to challenge Sinclair Broadcasting if they ran the "Swift Boat" documentary in full.

Older FCC regulations that no longer exist

Rule Summary Details Exceptions
Personal attack rule
(no longer valid) 		Licensee must notify person attacked within 1 week, provide tape, script or summary, and give him/her reasonable opportunity to respond.

NOTE: This rule applies to all persons, not just political candidates

Applies to any presentation on a controversial issue of public importance.
Nature of attack: A person's honesty, character, integrity or personal qualities.
Licensee must within one week:
* Notify person re b'cast attack
* Provide tape, script or summary
* Offer reasonable opportunity to respond
 Does not apply to:
* Attacks on foreign groups or foreign public figures
* Personal attacks made by legally qualified candidates, supporters or persons associated with their campaign
* bona fide newscasts or news interviews; on-the-spot coverage of news events, including commentary or analysis.
Political editorials
(no longer valid) 		Applies when licensee endorses or opposes legally qualified candidate.
Licensee has to give opponent notice and reasonable opportunity to respond.  		Licensee must notify opponent within 24 hours. Within 72 hours of day of election, licensee must give opponent reasonable opportunity to prepare a response and present it in a timely fashion.


 

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