You may have heard about this. A man by the name of Glenn Miller from Springfield, MO is running for the US Senate as a write-in candidate and has placed ads on Kansas City radio station KMBZ-AM. That alone wouldn’t be such a big deal. People running for political office run radio ads all the time, right?
But this Glenn Miller is a white-supremacist. He’s a former leader of the White Patriot Party. He’s not shy about it, and that is very clear from his ads. You can listen to them here if you so choose, but if you don’t want to, believe me, they are filled with hateful speech, racism and anti-Semitism.
KMBZ-AM, your run of the mill right-wing talk station… Rush… Glenn Beck… is running the ads, and they are catching a crap load of flack about it. And it seems that there’s nothing they can do.
According to the FCC:
Section 73.1941 [47 CFR §73.1941] Equal Opportunities.
(a) General requirements. Except as other-wise indicated in § 73.1944, no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate.
So basically they either accept Miller’s money and run his ads, or they run no ads at all for any US Senate candidate from Missouri. That’s a good chunk of money they would be giving up over the next several months. But you could argue that giving up that money would be worth it to avoid airing hateful ads that are going to anger a lot of listeners (and even non-listeners).
But it gets more complicated. According to this FCC regulation:
Section 73.1944 [47 CFR §73.1944] Reasonable Access.
(a) Section 312(a)(7) of the Communications Act provides that the Commission may revoke any station license or construction permit for willful or repeated failure to allow reasonable access to, or to permit purchase of, reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy.
Since Miller is running for the US Senate, which is a Federal elective office, it would seem that they have no choice but to run his ads. They simply can not turn down his money and his advertising.
This is the unfortunate side of free speech. He has a right to voice his opinion and, since he’s running for political office, he has the right to do so on public airwaves.
So what’s a station to do? You don’t want to offend your listeners, but you are required to run these ads. KMBZ is running a disclaimer before each ad airs. I haven’t heard it yet, as I don’t listen to that station, but I would imagine it says something along the lines of, “this is a paid advertisement and does not necessarily reflect the views and opinions of KMBZ-AM, its employees or parent company.” Or something like that. That is allowed, as long as the disclaimer doesn’t criticize or support the commercial.
Well, here’s what they did. The law says the have to accept his money and his advertising. But the law does not say they have to keep his money and it does not dictate what they can and can’t do with it. In a very smart move by KMBZ-AM and their parent company, they announced today that the money paid to them by Mr. Miller for these ads (run on both KMBZ-AM and WDAF-FM) will be donated to the Olathe, KS chapter of the NAACP and to a local Jewish charity. Nice.
I wonder what Mr. Miller thinks about all this. Basically he is indirectly donating money to the people he hates. That thought makes me smile.
It’ll be interesting to see if he buys any more air time on those stations.
What are your thoughts on all of this? Should the stations have jeopardized their licenses or faced fines by turning him away? Did they do the right thing by following the law despite the backlash? Should the FCC change their rules to somehow prevent hateful speech from being included in the political ad regulations?