Public Broadcast Stations' Exclusion of Candidates from Debates: A Step Toward Political Independence?

Abstract

Government-operated broadcast stations are in an anomalous situation in their continuing struggle for political independence. Not only must government stations meet the informational needs of their audiences, the stations must address the market-induced failures of commercial broadcasting. Controlling their programming is one facet of meeting these obligations. Nevertheless, government stations have been accused of violating the First Amendment when they have exercised their editorial discretion to exclude candidates from debates sponsored by the stations. This article explores political candidates' rights of access to debates in light of a United States Supreme Court decision that held that government stations may use subjective criteria to exclude candidates from debates. Although the Court's decision reinforced government stations' First Amendment rights to exercise editorial discretion, the decision did not significantly advance public broadcasting's struggle for political independence.