Re: XM Satellite Radio

["Dan Billings" <dib9@gwi.net>]

----- Original Message -----
From: "Garrett Wollman" <wollman@khavrinen.lcs.mit.edu>
To: "Roger Kirk" <rogerkirk@ttlc.net>
Cc: <boston-radio-interest@bostonradio.org>
Sent: Thursday, November 29, 2001 11:28 PM
Subject: Re: XM Satellite Radio



> Any station can refuse to accept any advertising it wishes, except
> candidates for Federal office.  Obviously, other laws of general
> applicability (such as civil rights laws) also apply to the extent
> that they are relevant.

It seems reasonable to me that a radio station shouldn't be able to turn
down ads from African American owned businesses because the station owner
doesn't like African Americans but is that the law?  Are radio stations
considered public accommodations or is there a specific statute or FCC rule
that mandates non-discrimination in the acceptance of advertising?

Just wondering because I've never run into a case on the issue.  One could
argue that radio stations have the same constitutional right as newspapers
to turn down advertisements as they see fit, unless Congress has mandated
otherwise.  The First Amendment clearly would allow newspapers to
discriminate against advertisers on the basis of race.

Maybe Attorney Ross as an answer.  I could probably do a Lexis search, but
it's getting late.

-- Dan Billings, Bowdoinham, Maine