Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 38)

The FCC recognizes that there is no way to compel a candidate to heed the disclosure. However, non-federal candidates may be required to sign a written acknowledgement of receipt of the disclosure as a condition of initial access to a broadcast station. Equal opportunities, though, cannot be denied on the basis of a candidate’s refusal to sign a receipt of the disclosure. Moreover, because of their right to station access, federal candidates cannot be required to sign a receipt of the disclosure. If a candidate or candidate’s representative refuses to sign a receipt, a station may place a notation to that effect in the political file. X. Censorship of Uses Most political broadcast rules are complex, subject to interpretation, exceptions and qualifications. But if there is a rule in political broadcasting which is nearly absolute it is that a use cannot be censored in any way. This principle is often put to the test by attorneys and other candidate representatives claiming that opponents’ spots are false and demanding that they be pulled. But if the challenged material qualifies as a use, then the station has no choice but to run it as scheduled. There are only two possible exceptions, although they rarely arise: the broadcast of obscenity, which It’s all about placement. is prohibited by a Federal criminal statute, and the broadcast of a direct incitement to immediate lawMediaSolutions has a long track record less action. Both fall outside the Constitutional of winning political races. Of the 31 protection of free speech. It remains unclear whether political advertisraces we’ve handled since 1992, ing containing obscene material is to be free from our Republican candidates have won censorship and has to be broadcast. In a memo24 of them. Our roster has included randum to Congress, the FCC suggested that the U.S. Senator Bill Frist, Saxby Chambliss criminal statute prohibiting obscene broadcasts overrides the statutory no-censorship provision. and Paul Coverdell and U.S. The same statute also bans the broadcast of Representatives Robin Hayes and indecent or profane material, but the constituCharlie Norwood. Visit us on the web tionality of these provisions has never been tested at www.mediasolutions-alt.com. and is doubtful. Such material presents a threshold problem of determining whether it is indecent in the first place. That, in turn, requires that context be considered. FCC staff has suggested that candidates should be afforded great leeway in presenting their views on campaign issues and so political speech, even if highly distasteful or rude, might not qualify as indecent. In 1992, there was a proliferation of television advertisements by candidates for federal office depicting abortions and aborted fetuses in graphic terms. These candidates invoked the “reasonable access” provision of Section 312(a)(7) of the Communications Act to demand that the spots air at times of their choosing. The spots put broadcasters who contended the advertisements were obscene or indecent in the awkward position of either violating the law against indecent and obscene broadcasts or the law requiring reasonable access for federal candidates. Media Thinkers A federal district court judge in Atlanta ruled that stations could restrict a federal candidate’s graphic abortion advertisement to a “safe harbor” com- It’s all about placement. 38 « March 2008 http://www.mediasolutions-alt.com http://www.mediasolutions-alt.com

Table of Contents Feed for the Digital Edition of Campaigns & Elections' Political Broadcast Manual - March 2008

Campaigns & Elections' Political Broadcast Manual - March 2008 Contents Introduction – The Scope of the Political Broadcasting Rules “Legally Qualified” Candidates Reasonable Access “Uses” of Broadcast Facilities Exempt Programs Requests for Equal Opportunities Equal Opportunities Lowest Unit Charges The Disclosure Censorship of Uses Sponsorship Identification Political File Contents Access to the Political File The Fairness Doctrine Political Editorials Personal Attacks Issue Advertising News Distortion Conclusion

Campaigns & Elections' Political Broadcast Manual - March 2008

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