Re: XM Satellite Radio

[Brian Anastasi <anastasi@javanet.com>]

"There is no constitutional right to purchase airtime on the public
airwaves."  Hmm, sounds like an infringement on the constitutional right of
free speech, to me....

----- Original Message -----
From: "Dan Billings" <dib9@gwi.net>
To: "Roger Kirk" <rogerkirk@ttlc.net>; <bri@bostonradio.org>
Sent: Friday, November 30, 2001 12:08 AM
Subject: 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
>
>