Supreme Court of the United States
Arkansas Educational Television Commission v. Forbes
May 18, 1998523 U.S. 666
Summary
The Court held that public broadcasters generally need not provide third parties access to their programming, but candidate debates are subject to First Amendment forum principles. AETC's selectively accessible debate was a nonpublic forum, and excluding Forbes because of his objective lack of public support was reasonable and viewpoint neutral. The Court reversed the Eighth Circuit. Justice Stevens dissented, joined by Justices Souter and Ginsburg. Although he agreed that not every ballot-qualified candidate must be included, he would have affirmed because state-sponsored debates must use preestablished, objective participation criteria rather than subjective, ad hoc judgments.
Holding
- Application of forum principles to public broadcasting and candidate debates.. Although the First Amendment generally does not compel public broadcasters to provide third parties access to programming, candidate debates are a narrow exception subject to forum principles.
- Classification of AETC's candidate debate.. The debate was a nonpublic forum, not a designated public forum.
- Constitutionality of excluding Forbes from the debate.. AETC's exclusion of Forbes was a reasonable, viewpoint-neutral exercise of journalistic discretion consistent with the First Amendment.
Docket 96-779
Cited authorities
- Ark. Code Ann. §§ 6-3
- Ark. Code Ann. § 6-3
- Ark. Code Ann. § 7-7
- 47 U.S.C. § 315
- 47 U.S.C. § 315
- 47 U.S.C. § 309
- 11 C.F.R. § 110.13
- Ark. Code Ann. § 7-7
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