[grc] Election opinions on-air

[Jama]

Since we're now truly in election season, I hope we can develop a more clear understanding of the FCC's rules about opinions about candidates and initiatives. 


The NFCB Legal Handbook (as of 2013, and I doubt it's changed) said:

"The rule with respect to political editorials is simple: "No noncommercial educational broadcasting station may support or oppose any candidate for political office" [Section 399]. This ban applies only to licensee endorsement of, or opposition to, particular candidates. It does not exclude the expression of political views by candidates or other parties over a public station. In fact, the candidate rules encourage the discussion of political issues. On-air personnel should, however, be carefully instructed to refrain from making statements that suggest the station supports or opposes any candidate." 

I think I have heard FCC lawyers at conferences say that listeners can interpret a programmer-on-duty as "the voice of the station," so a stated opinion could be interpreted as the opinion of the station.  Can anyone confirm or elaborate on that?

I think this last concept is part of why KMUD made the following rule, contained in the Programmer's Agreement: 

"I understand that as a programmer for a 501[c][3] organization, I cannot, while on-air, endorse (or encourage people to vote for or against) a political candidate or initiative."  

For 501(c)(3) non-profits, there are rules about candidate endorsement and lobbying.  I'm not going to touch that one here, but others could shed some light if you have it.

Anyway, I think KMUD's rule is a pretty good one -- but is it too narrow?

The FCC's own language above is certainly helpful -- "refrain from making statements that suggest the station supports or opposes any candidate."

Thanks for any helpful thoughts, sister stations and everyone.  Could someone forward to the NFCB list? 

Jama Chaplin
volunteer
KMUD 
Garberville, CA

PS   Glad to be receiving and sending GRC emails again!  Thank you David Klann, and who else?