FCC Rejects Kucinich Complaint About CNN Debate

The Federal Communications Commission is rejecting candidate U.S. Rep. Dennis Kucinich’s contention that CNN unfairly excluded him from last night’s debate of the Democratic presidential candidates in South Carolina.

In a decision that apparently was handed down late Friday but just published today on the FCC’s Web site, the agency’s Media Bureau cited free speech and the First Amendment for its rejection of the complaint the Kucinich campaign filed against both CNN and its parent, Time Warner.

“Cable television operators have wide discretion in choosing the programming that is available on a cable system,” the FCC said in its decision. “The First Amendment and federal law generally prohibit the commission from involving itself in the content of specific broadcast or cable television programs or otherwise engaging in activities that might be regarded as censorship.”

The Kucinich campaign had complained that as a federally qualified candidate, CNN had no right to exclude him from the debate that was held before the Congressional Black Caucus Foundation. He said his exclusion violated equal-time requirements and “undermines the purpose of the communications act.”

The Media Bureau also said the FCC didn’t have the authority to require CNN to include him.

“The commission is prohibited from engaging in activities that might be regarded as censorship of programming content. Requiring a particular candidate to be included in a debate would constitute such activity and therefore is prohibited,” the bureau said.

The Kucinich campaign did not immediately respond to a request for comment.

– By Ira Teinowitz

Popularity: 1% [?]

This is the earliest example of privatization. Cable is not considered part of the ‘public’ airwaves; the cable networks are ‘privately’ owned and according to the FCC and some courts thus far, are not subject to the same rules. It’s a rather arcane interpretation, especially since, as far as I can tell, there are no more public airwaves that are free to the public without going through a cable or satellite dish network. Beware: this is the same argument the FCC is making about the Internet. If they win, the media giants will own the Internet and will be able to direct traffic as they wish.