CBS, Inc. v. Federal Communications Commission

Background

On October 11, 1979, President Carter’s campaign committee asked ABC, CBS, and NBC for a 30‑minute prime‑time program around his announcement in early December. The networks refused or offered short spots or later dates. The committee complained to the Federal Communications Commission, which found the networks had failed to give "reasonable access" under the law for legally qualified federal candidates. The networks challenged the FCC and the matter reached the Supreme Court.

Reasoning

The Court asked whether the statute created an enforceable, individual right of reasonable access. Relying on the statute’s wording, related congressional history, and the FCC’s long practice, the Court concluded Congress did create a right for federal candidates once a campaign has begun. The FCC’s practical standards — examine objective factors, treat requests individually, and require realistic reasons for refusals — were held reasonable. The Court found the networks’ blanket policies and limited offers did not meet that standard.

Real world impact

Broadcasters must consider and explain individual requests from legally qualified federal candidates during a campaign and cannot rely on blanket early‑season refusals. Candidates may obtain paid time earlier in a campaign when the FCC finds access reasonable. The FCC retains enforcement power, including license revocation for willful or repeated violations. The right is limited to legally qualified federal candidates and requires payment at commercial rates.

Dissents or concurrances

A three‑Justice dissent warned the decision grants the FCC too much oversight, risks politicized judgments, and unduly narrows broadcasters’ editorial discretion.