Arkansas Educational Television Commission v. Forbes

140 L. Ed. 2d 875, 118 S. Ct. 1633, 11 Fla. L. Weekly Fed. S 515, 523 U.S. 666, 26 Media L. Rep. (BNA) 1673, 98 Daily Journal DAR 5127, 1998 Colo. J. C.A.R. 2438, 1998 U.S. LEXIS 3102, 98 Cal. Daily Op. Serv. 3717, 66 U.S.L.W. 4360
CourtSupreme Court of the United States
DecidedMay 18, 1998
Docket96-779
StatusPublished
Cited by496 cases

This text of 140 L. Ed. 2d 875 (Arkansas Educational Television Commission v. Forbes) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas Educational Television Commission v. Forbes, 140 L. Ed. 2d 875, 118 S. Ct. 1633, 11 Fla. L. Weekly Fed. S 515, 523 U.S. 666, 26 Media L. Rep. (BNA) 1673, 98 Daily Journal DAR 5127, 1998 Colo. J. C.A.R. 2438, 1998 U.S. LEXIS 3102, 98 Cal. Daily Op. Serv. 3717, 66 U.S.L.W. 4360 (U.S. 1998).

Opinions

[669]*669Justice Kennedy

delivered the opinion of the Court.

A state-owned public television broadcaster sponsored a candidate debate from which it excluded an independent candidate with little popular support. The issue before us is whether, by reason of its state ownership, the station had a constitutional obligation to allow every candidate access to the debate. "We conclude that, unlike most other public television programs, the candidate debate was subject to constitutional constraints applicable to nonpublic fora under our forum precedents. Even so, the broadcaster’s decision to exclude the candidate was a reasonable, viewpoint-neutral exercise of journalistic discretion.

I

Petitioner, the Arkansas Educational Television Commission (AETC), is an Arkansas state agency owning and operating a network of five noncommercial television stations (Arkansas Educational Television Network or AETN). The eight members of AETC are appointed by the Governor for 8-year terms and are removable only for good cause. Ark. Code Ann. §§ 6-3-102(a)(1), (b)(1) (Supp. 1997), § 25-16-804(b)(1) (1996). AETC members are barred from holding any other state or federal office, with the exception of teaeh-[670]*670ing positions. Ark. Code Ann. § 6-3-102(a)(3) (Supp. 1997). To insulate its programming decisions from political pressure, AETC employs an executive director and professional staff who exercise broad editorial discretion in planning the network’s programming. AETC has also adopted the Statement of Principles of Editorial Integrity in Public Broadcasting, which counsel adherence to “generally accepted broadcasting industry standards, so that the programming service is free from pressure from political or financial supporters.” App. to Pet. for Cert. 82a.

In the spring of 1992, AETC staff began planning a series of debates between candidates for federal office in the November 1992 elections. AETC decided to televise a total of five debates, scheduling one for the Senate election and one for each of the four congressional elections in Arkansas. Working in close consultation with Bill Simmons, Arkansas Bureau Chief for the Associated Press, AETC staff developed a debate format allowing about 53 minutes during each 1-hour debate for questions to and answers by the candidates. Given the time constraint, the staff and Simmons “decided to limit participation in the debates to the major party candidates or any other candidate who had strong popular support.” Record, Affidavit of Bill Simmons ¶ 5.

On June 17,1992, AETC invited the Republican and Democratic candidates for Arkansas’ Third Congressional District to participate in the AETC debate for that seat. Two months later, after obtaining the 2,000 signatures required by Arkansas law, see Ark. Code Ann. § 7-7-103(c)(l) (Supp. 1993), respondent Ralph Forbes was certified as an independent candidate qualified to appear on the ballot for the seat. Forbes was a perennial candidate who had sought, without success, a number of elected offices in Arkansas. On August 24, 1992, he wrote to AETC requesting permission to participate in the debate for his district, scheduled for October 22,1992. On September 4, AETC Executive Director Susan Howarth denied Forbes’ request, explaining that AETC had [671]*671“made a bona fide journalistic judgement that our viewers would best be served by limiting the debate” to the candidates already invited. App. 61.

On October 19,1992, Forbes filed suit against AETC, seeking injunctive and declaratory relief as well as damages. Forbes claimed he was entitled to participate in the debate under both the First Amendment and 47 U. S. C. §315, which affords political candidates a limited right of access to television air time. Forbes requested a preliminary injunction mandating his inclusion in the debate. The District Court denied the request, as did the United States Court of Appeals for the Eighth Circuit. The District Court later dismissed Forbes’ action for failure to state a claim.

Sitting en banc, the Court of Appeals affirmed the dismissal of Forbes’ statutory claim, holding that he had failed to exhaust his administrative remedies. The court reversed, however, the dismissal of Forbes’ First Amendment claim. Observing that AETC is a state actor, the court held Forbes had “a qualified right of access created by AETN’s sponsorship of a debate, and that AETN must have [had] a legitimate reason to exclude him strong enough to survive First Amendment scrutiny.” Forbes v. Arkansas Ed. Television Network Foundation, 22 F. 3d 1423, 1428 (CA8), cert. denied, 513 U. S. 995 (1994), 514 U. S. 1110 (1995). Because AETC had not yet filed an answer to Forbes’ complaint, it had not given any reason for excluding him from the debate, and the Court of Appeals remanded the action for further proceedings.

On remand, the District Court found as a matter of law that the debate was a nonpublic forum, and the issue became whether Forbes’ views were the reason for his exclusion. At trial, AETC professional staff testified Forbes was excluded because he lacked any campaign organization, had not generated appreciable voter support, and was not regarded as a serious candidate by the press covering the election. The jury made express findings that AETC’s decision to ex-[672]*672elude Forbes had not been influenced by political pressure or disagreement with his views. The District Court entered judgment for AETC.

The Court of Appeals again reversed. The court acknowledged that AETC’s decision to exclude Forbes “was made in good faith” and was “exactly the kind of journalistic judgment routinely made by newspeople.” 93 F. 3d 497, 505 (CA8 1996). The court asserted, nevertheless, that AETC had “opened its facilities to a particular group — candidates running for the Third District Congressional seat.” Id., at 504. AETC’s action, the court held, made the debate a public forum, to which all candidates “legally qualified to appear on the ballot” had a presumptive right of access. Ibid. Applying strict scrutiny, the court determined that AETC’s assessment of Forbes’ “political viability” was neither a “compelling nor [a] narrowly tailored” reason for excluding him from the debate. Id., at 504-505.

A conflict with the decision of the United States Court of Appeals for the Eleventh Circuit in Chandler v. Georgia Public Telecommunications Comm’n, 917 F. 2d 486 (1990), cert. denied, 502 U. S. 816 (1991), together with the manifest importance of the case, led us to grant certiorari. 520 U. S. 1114 (1997). We now reverse.

II

Forbes has long since abandoned his statutory claims under 47 U. S. C. § 315, and so the issue is whether his exclusion from the debate was consistent with the First Amendment. The Court of Appeals held it was not, applying our public forum precedents. Appearing as amicus curiae in support of petitioner, the United States argues that our forum precedents should be of little relevance in the context of television broadcasting. At the outset, then, it is instructive to ask whether public forum principles apply to the case at all.

Having first arisen in the context of streets and parks, the public forum doctrine should not be extended in a mechanical [673]

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140 L. Ed. 2d 875, 118 S. Ct. 1633, 11 Fla. L. Weekly Fed. S 515, 523 U.S. 666, 26 Media L. Rep. (BNA) 1673, 98 Daily Journal DAR 5127, 1998 Colo. J. C.A.R. 2438, 1998 U.S. LEXIS 3102, 98 Cal. Daily Op. Serv. 3717, 66 U.S.L.W. 4360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-educational-television-commission-v-forbes-scotus-1998.