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Arkansas Educational Television Commission V. Forbes: Ending Debate On Political Debates, Daniel B. Greenfield

Mercer Law Review

In Arkansas Educational Television Commission v. Forbes, the Supreme Court of the United States addressed whether, and under what circumstances, a public television network may exclude a so-called "minor" candidate from its televised debate. The Court, voting six to three, reversed the decision of the United States Court of Appeals for the Eighth Circuit and upheld the right of the Arkansas Educational Television Commission to exclude the candidate. The Court held that the debate was a nonpublic forum and that a broadcaster could limit debate participants in the reasonable exercise of its journalistic discretion so long as the candidate …