Chapter 11

What does it mean to be a "legally qualified" political candidate under the equal opportunities rule?

Has publicly announced his or her intention to run for nomination or office, is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate.

How did the decision in Citizens United v. FEC change the status of the law?

Effectively now, unlimited expenditures can be made by a corporation on behalf of a company and the 30/60 day ban on advertising is withdrawn.

Who dumped the fairness doctrine? When?

FCC in 1987.

What is the "fairness doctrine?"

FCC policy requiring broadcasters to devote a reasonable percentage of airtime to the discussion of public issues and present contrasting views on controversial issues.

What is a Political Action Committee (PAC)?

Refers to two distinct types of political committees registered with the FEC: separate segregated funds (SSFs) and nonconnected committees; SSFs are political committees established and administered by corporations, labor unions, membership organizations or trade associations-these committees can only solicit contributions from individuals associated with connected or sponsoring organization; nonconnected committees--as their name suggests--are not sponsored by or connected to any of the aforementioned entities and are free to solicit contributions from the general public.

What are the duties and powers of the FCC under the Communications Act of 1934?

Regulate wire and radio communication, require that broadcasters operate in the public's interest, convenience and necessity (PICON)

What is the Reasonable Access Rule?

Since 1971, television and radio stations have been required to make a "reasonable" amount of time available to candidates for federal office; they must offer those ads at the rate offered the "most favored" advertiser.

What is the Equal Opportunities Rule?

Specifies that U.S. radio and television broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it.

What is the difference between a contribution and an expenditure?

A contribution is made directly to a candidate, while an expenditure is any money used on behalf of the candidate such a sponsoring a rally.

What is the Zapple Rule?

A corollary to the equal time rule that states that when the supporters of a legally qualified candidate are given time on a radio or television broadcast, the supporters of all other legally qualified candidates for the same office must also be given equal opportunity.

What are the disclosure requirements under FECA?

1. Each political committee and federal candidate must register with FEC 2. Each committee and candidate must keep detailed records of contributions (above $50) and expenditures 3. Donors and the amounts of contributions and expenditures must be disclosed 4. Source of funding for ads must be disclosed (if the ad advocates election or defeat of a candidate) - Identity of the sponsor must be clear and conspicuous - Candidates and their committees must file periodic reports listing contributors or recipients - Reports must be made available for inspection and copying - Failure to comply in reporting and aggregate amount of $2,000 in one year could lead to a prison term for up to one year and up to $25,000 in fines

Why is broadcasting regulated?

Because of the limited spectrum.

Where are they provided for?

Communications Act of 1934

What does it prohibit?

Contributions or expenditures (e.g. money, ads, securities, facilities); contributions of free or reduced-price services to candidates is illegal.

What is another name for the Bipartisan Campaign Reform Act?

McCain-Feingold Act

What is the Political Editorial Rule?

Rule applied when a station broadcast editorials endorsing or opposing candidates for public office, and stipulated that the unendorsed candidates be notified and allowed a reasonable opportunity to respond.

What is the Personal Attack Rule?

Rule applied whenever a person (or small group) was subject to a personal attack during a broadcast; stations had to notify such persons (or groups) within a week of the attack, send them transcripts of what was said and offer the opportunity to respond on-the-air.

What is the purpose of the Federal Election Campaign Act of 1971?

To prevent corruption in the electoral process that might result if massive corporate capital enters the process.

How and why did the decisions in Red Lion and the Tornillo cases differ?

Tornillo case relates to printed media while Red Lion relates to broadcast; the effect of the two cases is that there is no right to reply to negative statements about politicians in print media because the determination of what goes into the media is the role of the editor; on the other hand, there is a right to reply to criticisms in broadcast media because of the limited spectrum.

What is the status of each of these rules?

Zapple: No longer enforced as of 2014 Political Editorial: Repealed in 2000 Personal Attack: Repealed in 2000