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Re: XM Satellite Radio

----- Original Message -----
From: "Roger Kirk" <rogerkirk@ttlc.net>
To: <radiobuzz@lycos.com>; <bri@bostonradio.org>
Sent: Thursday, November 29, 2001 11:22 PM
Subject: Re: XM Satellite Radio

> Is this a legal stance?  Under what guise[s] can they legally
> refuse a sponsor?  Legal assistance required here!
> Calling all lawyerly lurkers and contributors!

The Supreme Court held in CBS v. Democratic National Committee (1973) that
broadcasters have the editorial discretion to determine what advertisements
to accept or reject.  There is no constitutional right to purchase airtime
on the public airwaves.

The Federal Election Campaign Act of 1971 does require broadcasters to sell
time to candidates for federal office.

As a result, broadcasters may reject ads as they see fit, other than ads for
candidates for federal office.

-- Dan Billings, Bowdoinham, Maine
    Second Year Law Student