[grc] Election opinions on-air

[Tom Voorhees]

Thanks David,
Was just about to find you because of the spotty GRC.
Tom.

> 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? 
> 
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