Does the KKK have a right to buy time on public radio?


Case Type:

Actual.

Exigence:

In September, 1997, Michael Cuffley, the Missouri state coordinator of the Ku Klux Klan approached KWMU, a St. Louis radio station owned by the University of Missouri. Cuffley asked to underwrite four episodes of "All Things Considered," a daily program syndicated by National Public Radio. The program underwriter pays $50 and gets a 15 second announcement. Cuffley proposed the following text: ""The Knights of the Ku Klux Klan, a white Christian organization, standing up for the rights and values of white Christian America since 1865." The station refused. Cuffley sued, claiming that the public station's action--discriminating against an advertiser based on his beliefs--violates the First Amendment. The district court held that the radio station was not required to accept the KKK's spot.

Audience:

The appellate court.

Possible
Constraints:

KWMU has accepted ads from other advocacy organizations, including a gay and lesbian group, and also from many commercial organizations.

More facts are available in the district court's decision.

Arkansas Public Television v. Forbes, --U.S.-- (1998): majority; dissent

CBS v. DNC, 412 U.S. 94 (1973), S&C 482.

FCC V. League of Women Voters, 468 U.S. 364 (1984), noted at S&C 513.

Decision:

In the fall of 2000, the appellate court affirmed the district court's decision.

Related
issues:

Offense
Broadcast media
Money


Notes:

None.


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Copyright © 1998 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 6 February 1999
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