Columbia Broadcasting Sys. v. FCC

In Columbia Broadcasting Sys. v. FCC, 453 U.S. 367, 101 S.Ct. 2813, 69 L.Ed.2d 706 (1981), the Supreme Court rejected a broadcaster challenge to Section 312(a)(7) of the Communications Act of 1934, which creates for candidates a limited right of reasonable access. The Court held that "the statutory right of access ... properly balances the First Amendment rights of federal candidates, the public, and broadcasters." While it emphasized that "the First Amendment 'has its fullest and most urgent application precisely to the conduct of campaigns for political office,' " it underscored the restricted nature of the statutory right: Petitioners are correct that the court has never approved a general right of access to the media.... Nor do we do so today. Section 312(a)(7) creates a limited right to "reasonable" access that pertains only to legally qualified federal candidates and may be invoked by them only for the purpose of advancing their candidacies once the campaign has commenced. The Commission has stated that, in enforcing the statute, it will "provide leeway to broadcasters and not merely attempt de novo to determine the reasonableness of their judgments".... If the broadcasters have considered the relevant factors in good faith, the Commission will uphold their decisions. ... Further, Sec. 312(a)(7) does not impair the discretion of broadcasters to present their views on any issue or to carry any particular type of programming.