Political Broadcasts and Equal Opportunity

Printed Page 436

In addition to indecency rules, another law affecting broadcasting but not the print media is Section 315 of the 1934 Communications Act. The section mandates that during elections, broadcast stations must provide equal opportunities and response time for qualified political candidates. In other words, if broadcasters give or sell time to one candidate, they must give or sell the same opportunity to others. Local broadcasters and networks have fought this law for years, claiming that because no similar rule applies to newspapers or magazines, the law violates their First Amendment right to control content. Many stations decided to avoid political programming entirely, ironically reversing the rule’s original intention. The TV networks managed to get the law amended in 1959 to exempt newscasts, press conferences, and other events—such as political debates—that qualify as news. For instance, if a senator running for office appears in a news story, opposing candidates cannot invoke Section 315 and demand free time.

Supporters of the equal opportunity law in broadcasting argue that it enables lesser-known candidates representing views counter to those of the Democratic and Republican parties to add their perspectives to political dialogue. It also gives less wealthy candidates a more affordable channel than newspaper and magazine ads for getting their message out to the public.