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Political Broadcasting by Independent Committees

64 Boston Univ. Law Review 625 (1984)

Table of Contents


A. Broadcast Rights of Political Candidates
1. Affirmative Access Rights – Section 312(a)(7)
2. Contingent Response Rights – The Equal Opportunity Doctrine
B. Broadcast Rights of Candidate Supporters
1. Affirmative Access Rights
2. Contingent Response Rights – The Zapple Doctrine
C. Broadcast Rights of Independent Political Committees (IPCs)
1. Affirmative Access Rights
2. Contingent Response Rights


A. Informing the Public
B. Protecting the Free Marketplace of Ideas
1. Limiting Licensee Discretion
2. Preventing Monopolization by the Wealthy
C. Maintaining the Existing Regulatory Structure


A. Federal Communications Commission IPC Rulings Since 1980
1. Carter/Mondale: Expanding the Rights of Pro-Candidate IPCs
2. Eagleton: Expanding the Rights of Anti-Candidate IPCs
3. National Conservative Political Action Committee and Democratic National Committee: IPC Broadcasting in Non-Election Periods
a) Anti-incumbent Campaigns.
b) Issue-oriented Campaigns.
B. The PACcess Doctrine
1. Enhanced Position of IPCs
a) Access Rights.
b) Response Rights.
2. Weakened Position of Candidates and Supporters
3. Increased Editorial Discretion of Licensees


A. Candidate and Incumbent Response Rights to IPC Attacks
1. Definition
2. Notification
3. Response Opportunity
4. Cost of Response
5. Content of Response
6. Responding Party
7. Bona Fide News Programming Exemption
8. Proposed Regulation
B. Response Rights to IPC Pro-Candidate Broadcasts: Modifying Carter/Mondale
1. Cost of Response
2. Candidate Authorization of IPC Responses
3. Proposed Regulation
C. Heightened Fairness Doctrine Standard for Editorial Advertising
D. Evaluation of Proposal
1. Chilling Effect
2. Informing the Public
3. Governmental Control
4. Burden on Licensees
5. Burden on FCC


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