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Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian Jan 1992

Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian

Scholarship@WashULaw

This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …


Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian Jan 1992

Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian

Scholarship@WashULaw

Gregory P. Magarian, Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, 90 Mich. L. Rev. 1425 (1992)