News Article

Missouri Broadcasters Association, Womble Carlyle’s Gregg Skall Refute White Supremacist’s "Right" to Air Controversial Ads

July 1, 2010

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Womble Carlyle telecommunications attorney Gregg Skall says Missouri television stations are not obligated by law to provide air time to a white supremacist write-in candidate for U.S. Senate.
 
Glenn Miller is seeking air time for his racist ads under the federal Communications Act, which requires that broadcast stations provide equal time to “bona fide” candidates.

Skall represents the Missouri Broadcasters Association, and their contention is that Miller is abusing the equal time provision. Skall said Missouri stations are not obligated to provide air time because Miller is not a legitimate candidate for the office.

Skall said the burden falls on write-in candidates to prove they are “bona fide”. Some ways they can do that are establishing a campaign headquarters, actively campaigning or issuing statewide press releases. Miller has run for numerous public offices in the past, yet has never mustered significant voter support and Miller has served time in prison for terroristic activities.

Recently, the FCC advised the Missouri Broadcasters Association that they do not have to offer Miller equal time advertising under the Communications Act.

Television station KOLR/KSFX in Springfield, Mo. spoke with Skall for a story about the latest developments in this dispute.

Gregg Skall is a Washington, D.C.-based attorney at Womble Carlyle Sandridge & Rice, PLLC focusing on all things media and FCC.

This document is intended as an informational reminder and does not constitute legal advice. If you have any questions or would like to discuss a particular situation, please contact Womble Carlyle Sandridge & Rice, LLP. The purpose of this article is to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances.