Home › Case briefs › Constitutional Law

CBS, Inc. v. Democratic National Committee

Supreme Court of the United States · 1973 · Constitutional Law

Constitutional LawFirst AmendmentBroadcast RegulationFederal Communications ActFirst Amendmentgovernment actionstate actionbroadcasting

Facts

BEM sought to buy one-minute spot announcements on radio station WTOP to express its views on Vietnam, but WTOP refused under a general policy against selling spot time to individuals or groups wishing to advocate views on controversial public issues. DNC separately sought a declaratory ruling that broadcasters could not generally refuse to sell time to responsible entities for fundraising and comment on public issues. The FCC rejected respondents' claims to a right to purchase time for editorial advertisements, while concluding that political parties could purchase time to solicit funds. The broadcasters maintained that they provided full and fair coverage of important public questions through their own programming and therefore could decline editorial ads.

Issue

Whether a broadcast licensee's general policy of refusing to sell advertising time to individuals or groups wishing to comment on public issues violates the Federal Communications Act or the First Amendment. Also, whether such a refusal constitutes governmental action subject to First Amendment constraints.

Rule

The Communications Act does not require broadcasters to accept editorial advertisements, and a broadcaster that fulfills its public-trustee obligation to provide balanced coverage of public issues retains broad journalistic discretion over how to do so. Under the circumstances presented, a broadcast licensee's refusal to sell editorial advertising time is not governmental action for First Amendment purposes, and neither the Act nor the First Amendment compels a right of access to purchase such time.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

Lakefront Radio, a licensed AM station in Cleveland, sells ordinary commercial advertisements but has a standing policy against selling 30-second spots to private groups advocating positions on controversial public issues. The station regularly airs locally produced call-in shows and interview programs presenting opposing views on policing, housing, and school funding.

A tenants' coalition seeks to buy a short ad urging rent-control legislation and argues the station must accept it because it sells commercial ads. Which is the best answer?

Explanation. The majority held that broadcasters are not common carriers under the Act and retain broad journalistic discretion over whether to accept editorial advertisements, so long as they otherwise satisfy their obligation to provide balanced coverage of public issues. The mere fact that the station sells commercial ads does not compel access for paid issue advocacy.