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ARKANSAS ED. TELEVISION COMM'N v. FORBES

No. 96-779.

523 U.S. 666 (1998)

ARKANSAS EDUCATIONAL TELEVISION COMMISSION v. FORBES

United States Supreme Court.

Decided May 18, 1998.

Attorney(s) appearing for the Case

Richard D. Marks argued the cause for petitioner. With him on the briefs was Alden L. Atkins.

Deputy Solicitor General Wallace argued the cause for the Federal Communications Commission et al. as amici curiae urging reversal. With him on the briefs were Acting Solicitor General Dellinger, Jonathan E. Nuechterlein, William E. Kennard, Christopher J. Wright, Daniel M. Armstrong, and C. Grey Pash, Jr.

Kelly Shackelford argued the cause for respondent. With him on the briefs was John W. Whitehead.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined, p. 683.

Justice Kennedy, delivered the opinion of the Court.

A state-owned public television broadcaster sponsored a candidate debate from which it excluded an independent candidate with little popular support. The issue before us is whether, by reason of its state ownership, the station had a constitutional obligation to allow every candidate access to the debate. We conclude that, unlike most other public television programs, the...

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