arkansas educational television commission forbes argued october decided may held aetc exclusion forbes debate consistent first amendment pp unlike public television programs candidate debates subject scrutiny public forum doctrine first arisen context streets parks doctrine extended mechanical way different context television broadcasting broad rights access outside speakers antithetical general rule editorial discretion broadcasters must exercise fulfill journalistic purpose statutory obligations two reasons however candidate debates present narrow exception rule first unlike aetc broadcasts debate design forum candidates political speech consistent long tradition debates aetc implicit representation views expressed candidates debate purpose allow expression views minimal intrusion broadcaster second candidate debates exceptional significance electoral process deliberation candidates positions qualifications integral system government electoral speech may profound widespread impact disseminated televised debates thus special characteristics candidate debates support conclusion aetc debate forum type question type must answered reference public forum precedents pp purposes suffice employ categories speech fora already established case law identified three types fora traditional public forum public forum created government designation nonpublic forum cornelius naacp legal defense ed fund traditional public fora defined objective characteristics property whether long tradition government fiat property devoted assembly debate perry ed assn government exclude speaker traditional public forum exclusion necessary serve compelling state interest narrowly drawn achieve interest cornelius supra designated public fora created purposeful governmental action opening nontraditional public forum expressive use general public particular class speakers international soc krishna consciousness lee iskcon government excludes speaker falls within class forum made generally available action subject strict scrutiny cornelius supra property traditional public forum designated public forum either nonpublic forum forum iskcon supra access nonpublic forum restricted restrictions reasonable effort suppress expression merely public officials oppose speaker views cornelius supra pp aetc debate nonpublic forum parties agree traditional public forum designated public forum precedents cases demonstrate inter alia government create designated public forum reserve eligibility access forum particular class speakers whose members must individuals obtain permission cornelius use contrary eighth circuit assertion aetc make debate generally available candidates congressional seat issue instead reserved eligibility participation candidates seat opposed seat made determinations eligible candidates participate debate selective access unsupported evidence purposeful designation public use create public forum indicates debate nonpublic forum pp aetc decision exclude forbes reasonable viewpointneutral exercise journalistic discretion consistent first amendment record demonstrates beyond dispute forbes excluded viewpoint generated appreciable public interest serious argument aetc act good faith case pp reversed kennedy delivered opinion rehnquist scalia thomas breyer joined stevens filed dissenting opinion souter ginsburg joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press arkansas educational television commission petitioner ralph forbes writ certiorari appeals eighth circuit may justice kennedy delivered opinion public television broadcaster sponsored candidate debate excluded independent candidate little popular support issue us whether reason state ownership station constitutional obligation allow every candidate access debate conclude unlike public television programs candidate debate subject constitutional constraints applicable nonpublic fora forum precedents even broadcaster decision exclude candidate reasonable exercise journalistic discretion petitioner arkansas educational television commission aetc arkansas state agency owning operating network five noncommercial television stations arkansas educational television network aetn eight members aetc appointed governor terms removable good cause ark code ann supp aetc members barred holding state federal office exception teaching positions ark code ann supp insulate programming decisions political pressure aetc employs executive director professional staff exercise broad editorial discretion planning network programming aetc also adopted statement principles editorial integrity public broadcasting counsel adherence generally accepted broadcasting industry standards programming service free pressure political financial supporters app pet cert spring aetc staff began planning series debates candidates federal office november elections aetc decided televise total five debates scheduling one senate election one four congressional elections arkansas working close consultation bill simmons arkansas bureau chief associated press aetc staff developed debate format allowing minutes debate questions answers candidates given time constraint staff simmons decided limit participation debates major party candidates candidate strong popular support record affidavit bill simmons june aetc invited republican democratic candidates arkansas third congressional district participate aetc debate seat two months later obtaining signatures required arkansas law see ark code ann respondent ralph forbes certified independent candidate qualified appear ballot seat forbes perennial candidate sought without success number elected offices arkansas august wrote aetc requesting permission participate debate district scheduled october september aetc executive director susan howarth denied forbes request explaining aetc made bona fide journalistic judgement viewers best served limiting debate candidates already invited app october forbes filed suit aetc seeking injunctive declaratory relief well damages forbes claimed entitled participate debate first amendment affords political candidates limited right access television air time forbes requested preliminary injunction mandating inclusion debate district denied request appeals eighth circuit district later dismissed forbes action failure state claim sitting en banc appeals affirmed dismissal forbes statutory claim holding failed exhaust administrative remedies reversed however dismissal forbes first amendment claim observing aetc state actor held forbes qualified right access created aetn sponsorship debate aetn must legitimate reason exclude strong enough survive first amendment scrutiny forbes arkansas ed television network foundation cert denied aetc yet filed answer forbes complaint given reason excluding debate appeals remanded action proceedings remand district found matter law debate nonpublic forum issue became whether forbes views reason exclusion trial aetc professional staff testified forbes excluded lacked campaign organization generated appreciable voter support regarded serious candidate press covering election jury made express findings aetc decision exclude forbes influenced political pressure disagreement views district entered judgment aetc appeals reversed acknowledged aetc decision exclude forbes made good faith exactly kind journalistic judgment routinely made newspeople asserted nevertheless aetc opened facilities particular running third district congressional seat id aetc action held made debate public forum candidates legally qualified appear ballot presumptive right access ibid applying strict scrutiny determined aetc assessment forbes political viability neither compelling narrowly tailored reason excluding debate conflict decision appeals eleventh circuit chandler georgia public telecommunications cert denied together manifest importance case led us grant certiorari reverse ii forbes long since abandoned statutory claims issue whether exclusion debate consistent first amendment appeals held applying public forum precedents appearing amicus curiae support petitioners solicitor general argues forum precedents little relevance context television broadcasting outset instructive ask whether public forum principles apply case first arisen context streets parks public forum doctrine extended mechanical way different context public television broadcasting case streets parks open access viewpoint neutrality commanded doctrine compatible intended purpose property perry ed assn perry local educators requirement viewpoint neutrality compatible university funding student publications rosenberger rector visitors univ case television broadcasting however broad rights access outside speakers antithetical general rule discretion stations editorial staff must exercise fulfill journalistic purpose statutory obligations congress rejected argument broadcast facilities open nonselective basis persons wishing talk public issues columbia broadcasting system democratic national committee instead television broadcasters enjoy widest journalistic freedom consistent public responsibilities id fcc league women voters among broadcaster responsibilities duty schedule programming serves public interest convenience necessity public private broadcasters alike permitted indeed required exercise substantial editorial discretion selection presentation programming general rule nature editorial discretion counsels subjecting broadcasters claims viewpoint discrimination programming decisions particularly vulnerable claims type even principled exclusions rooted sound journalistic judgment often characterized comply obligation air programming serves public interest broadcasters must often choose among speakers expressing different viewpoints abuse power beyond doubt columbia broadcasting system alculated risks abuse taken order preserve higher values much like university selecting commencement speaker public institution selecting speakers lecture series public school prescribing curriculum broadcaster nature facilitate expression viewpoints instead others judiciary require define approve criteria access risk implicating courts judgments left exercise journalistic discretion public broadcaster exercises editorial discretion selection presentation programming engages speech activity cf turner broadcasting system fcc programming exercising editorial discretion stations programs include repertoire cable programmers operators communicate messages wide variety topics wide variety formats quoting los angeles preferred communications although programming decisions often involve compilation speech third parties decisions nonetheless constitute communi cative acts see hurley gay lesbian bisexual group boston speaker need generate original matter item featured communication claims access public forum precedents obstruct legitimate purposes television broadcasters doctrine given sweeping application context courts required oversee far operations broadcasters conduct deciding questions whether particular individual group sufficient opportunity present viewpoint whether particular viewpoint already sufficiently aired columbia broadcasting system supra result erosion journalistic discretion broadcasters transferring control treatment public issues licensees accountable broadcast performance private individuals bring suit forum precedents effect exchange trustee broadcasting limitations system editorial commentators absence congressional command egimen broadcasters manner disinclined doctrines design say first amendment bar legislative imposition neutral rules access public broadcasting instead say cases first amendment force compel public broadcasters allow third parties access programming although public broadcasting general matter lend scrutiny forum doctrine candidate debates present narrow exception rule two reasons candidate debate like one issue different programming first unlike aetc broadcasts debate design forum political speech candidates consistent long tradition candidate debates implicit representation broadcaster views expressed candidates purpose debate allow candidates express views minimal intrusion broadcaster respect debate differed even political talk show whose host express partisan views limit discussion ideas second tradition candidate debates exceptional significance electoral process particular importance candidates opportunity make views known electorate may intelligently evaluate candidates personal qualities positions vital public issues choosing among election day cbs fcc internal quotation marks omitted deliberation positions qualifications candidates integral system government electoral speech may profound widespread impact disseminated televised debates majority population cites television primary source election information debates regarded occasion campaign attention large portion american public focused election well campaign information format potentially offers sufficient time explore issues policies depth neutral forum congressional research service campaign debates presidential general elections summ june later discuss many cases feasible broadcaster allow unlimited access candidate debate yet requirement neutrality remains broadcaster grant deny access candidate debate basis whether agrees candidate views viewpoint discrimination context present alculated ris columbia broadcasting system supra inevitability skewing electoral dialogue special characteristics candidate debates support conclusion aetc debate forum type question type must answered reference public forum precedents turn iii forbes argues appeals held debate public forum first amendment right access precedents however debate nonpublic forum aetc exclude forbes reasonable exercise journalistic discretion purposes suffice employ categories speech fora already established discussed cases identified three types fora traditional public forum public forum created government designation nonpublic forum cornelius naacp legal defense ed fund traditional public fora defined objective characteristics property whether long tradition government fiat property devoted assembly debate perry ed assn government exclude speaker traditional public forum exclusion necessary serve compelling state interest exclusion narrowly drawn achieve interest cornelius supra designated public fora contrast created purposeful governmental action government create designated public forum inaction per mitting limited discourse intentionally opening nontraditional public forum public discourse accord international soc krishna consciousness lee iskcon designated public forum property state opened expressive activity part public hence looked policy practice government ascertain whether intended designate place traditionally open assembly debate public forum cornelius government excludes speaker falls within class designated public forum made generally available action subject strict scrutiny ibid kokinda plurality opinion government properties either nonpublic fora fora iskcon supra government restrict access nonpublic forum long restrictions reasonable effort suppress expression merely public officials oppose speaker view cornelius supra internal quotation marks omitted summary traditional public fora open expressive activity regardless government intent objective characteristics properties require government accommodate private speakers government free open additional properties expressive use general public particular class speakers thereby creating designated public fora property traditional public forum government chosen create designated public forum property either nonpublic forum forum parties agree aetc debate traditional public forum rejected view traditional public forum status extends beyond historic confines see iskcon supra even expansive conception traditional public fora adopted see kennedy concurring judgments almost unfettered access traditional public forum incompatible programming dictates television broadcaster must follow see supra issue whether debate designated public forum nonpublic forum precedents aetc debate designated public forum create forum type government must intend make property generally available widmar vincent class speakers accord cornelius supra widmar example state university created public forum registered student groups implementing policy expressly made meeting facilities generally open groups accord perry supra designated public forum generally open designated public forum created government allows selective access individual speakers rather general access class speakers perry example held school district internal mail system designated public forum even though selected speakers able gain access basis holding perry explained cornelius contrast general access policy widmar school board policy grant general access school mail system practice require permission individual school principal ac cess system communicate teachers granted cornelius held combined federal campaign cfc charity drive designated public forum government consistent policy ha limit participation cfc charitable rather political voluntary agencies require agencies seeking admission obtain permission federal local campaign officials cases illustrate distinction general access indicates property designated public forum selective access id indicates property nonpublic forum one hand government creates designated public forum makes property generally available certain class speakers university made facilities generally available student groups widmar hand government create designated public forum reserve eligibility access forum particular class speakers whose members must individuals obtain permission use instance federal government create designated public forum cornelius reserved eligibility participation cfc drive charitable agencies made individual judgments eligible agencies participate ibid cornelius distinction general selective access furthers first amendment interests recognizing distinction encourage government open property expressive activity cases faced choice might open property distinction turns governmental intent render unprotective speech rather reflects reality exception traditional public fora government retains choice whether designate property forum specified classes speakers debate format contrary assertion appeals aetc make debate generally available candidates arkansas third congressional district seat instead federal government cornelius reserved eligibility participation cfc program certain classes voluntary agencies aetc reserved eligibility participation debate candidates third congressional district seat opposed seat point government cornelius made determinations eligible agencies participate cfc aetc made determinations eligible candidates participate debate selective access unsupported evidence purposeful designation public use create public forum cornelius supra thus debate nonpublic forum addition misapplication precedents appeals holding result less speech ruling debate public forum open candidates appeals place severe burden upon public broadcasters air candidates views presidential elections example fewer candidates appeared ballot least one state see twentieth century fund task force presidential debates let america decide federal election commission federal elections federal election commission federal elections congressional elections common candidates qualify ballot particular seat see election results con gressional quarterly weekly report new jersey gubernatorial election illustrate sample ballot mailings included written statements candidates see times section logistical grounds alone public television editor might reason decide inclusion candidates actually undermine educational value quality debates let america decide supra faced prospect cacophony one hand first amendment liability public television broadcaster might choose air candidates views broadcaster might decide safe course avoid controversy diminish free flow information ideas turner broadcasting system quoting miami herald publishing tornillo circumstance right access inescapably vigor limits variety public debate ibid quoting new york times sullivan concerns speculative direct result appeals decision case nebraska educational television network canceled scheduled debate candidates nebraska senate race see lincoln journal star first amendment jurisprudence yielding results promote speech represses debate status nonpublic forum however give aetc unfettered power exclude candidate wished justice observed nonpublic forum status mean government restrict speech whatever way likes iskcon consistent first amendment exclusion speaker nonpublic forum must based speaker viewpoint must otherwise reasonable light purpose property cornelius case jury found forbes exclusion based objections opposition views app pet cert record provides ample support finding demonstrating well aetc decision exclude reasonable aetc executive director susan howarth testified forbes views absolutely role decision exclude debate app testified forbes excluded arkansas voters consider serious candidate news organizations also consider serious candidate associated press national election result reporting service plan run name results election night forbes apparently little financial support failing report campaign finances secretary state office federal election commission congress campaign headquarters house id forbes described campaign organization bedlam media coverage campaign zilch id short beyond dispute forbes excluded viewpoint generated appreciable public interest cf perry exclusion nonpublic forum based status rather views speaker permissible emphasis original substance forbes suggestion excluded views unpopular mainstream objective lack support platform criterion indeed premise forbes contention mistaken candidate uncon ventional views might well enjoy broad support virtue compelling personality exemplary campaign organization token candidate traditional platform might enjoy little support due inept campaign number reasons aetc exclude forbes attempted manipulation political process evidence provided powerful support jury express finding aetc exclusion forbes result political pressure anyone inside outside aetc app pet cert serious argument aetc act good faith case aetc excluded forbes voters lacked interest candidacy aetc broadcaster decision exclude forbes reasonable exercise journalistic discretion consistent first amendment judgment appeals reversed publication preliminary print reports readers requested notify reporter decisions ington typographical formal errors order corrections may made preliminary print goes press arkansas educational television commission petitioner ralph forbes writ certiorari appeals eighth circuit may justice stevens justice souter justice ginsburg join dissenting decided television network constitutional obligation allow every candidate access political debates sponsors ante challenge decision judgment appeals nevertheless affirmed official action led exclusion respondent forbes debate two candidates election one arkansas four seats congress adhere constitutional principles ad hoc decision staff arkansas educational television commission aetc raises precisely concerns addressed many decisions last years holding law subjecting exercise first amendment freedoms prior restraint license without narrow objective definite standards guide licensing authority unconstitutional shuttlesworth birmingham discussion facts barely mentions standardless character decision exclude forbes debate discussion law understates constitutional importance distinction state ownership private ownership broadcast facilities shall therefore first add words record case history regulation broadcast media explaining believe judgment affirmed two months forbes officially certified independent candidate qualified appear ballot arkansas law aetc staff already concluded invited participate televised debates serious candidate determined voters arkansas however serious contender republican nomination lieutenant governor although defeated election primary race conducted two years aetc staff received statewide vote carried counties within third congressional district absolute majorities nevertheless staff concluded forbes strong popular support record affidavit bill simmons given fact republican winner third congressional district race received vote democrat received necessary forbes made strong showing recent republican primaries divert handful votes republican candidate cause defeat thus even though aetc staff may correctly concluded forbes serious candidate decision exclude debate may determined outcome election third district comparable decision made today privately owned network subject scrutiny federal election campaign act unless network used objective criteria determine candidates may participate debate cfr criteria governed aetc refusal permit forbes participate debate indeed whether refusal based judgment newsworthiness aetc argued judgment political viability argued facts record presumably provided adequate basis either decision include forbes third district debate decision exclude might even required cancellation two debates apparent flexibility aetc purported standard suggests extent staff nearly limitless discretion exclude forbes debate based ad hoc justifications thus appeals correctly concluded staff appraisal political viability subjective arguable susceptible variation individual opinion provide secure basis exercise governmental power consistent first amendment forbes arkansas educational television communication network foundation ii aetc state agency whose actions fairly attributable state subject fourteenth amendment unlike actions privately owned broadcast licensees forbes arkansas educational television communication network foundation cert denied aetc staff members therefore ordinary journalists employees government implicitly acknowledges facts subjecting decision exclude forbes constitutional analysis yet seriously underestimates importance difference private lic ownership broadcast facilities despite fact congress repeatedly recognized difference columbia broadcasting system democratic national committee held licensee neither common carrier id public forum must accommodate right every individual speak write publish id quoting red lion broadcasting fcc speaking plurality chief justice burger expressed opinion first amendment imposes constraint private network journalistic freedom supported view noting congress confronted advent radio faced fundamental choice total government ownership control new choice alternative congress chose system private broadcasters licensed regulated government partly traditional respect private enterprise importantly public ownership created unacceptable risks governmental censorship use media propaganda congress appears concluded two official censorship pervasive difficult restrain hence one avoided id noncommercial educational stations generally exercised journalistic independence commercial networks congress enacted statute forbidding stations received federal subsidy engaging editorializing relying primarily cases involving rights commercial entities bare majority held restriction invalid fcc league women voters responding dissenting view interest keeping federal government propaganda arena justified restriction id stevens majority emphasized broad coverage statute concluded impermissibly sweeps within prohibition wide range speech wholly private stations topics nothing whatever federal state local government id noted congress considered rejected ban applied stations operated state local governmental entities reserved decision constitutionality limited ban see id league women voters case implicated right wholly private stations express views wide range topics nothing whatever government id case us today involves right network regulate speech plays central role democratic government aetc owned state deference interest making ad hoc decisions political content programs necessarily increases risk government censorship propaganda way protection privately owned broadcasters iii recognizes debates sponsored aetc design forum political speech candidates ante also acknowledges central importance candidate debates electoral process see ibid thus need review cases expounding public forum doctrine conclude first amendment tolerate state agency arbitrary exclusion debate forum based example expectation speaker might critical governor might hold unpopular views abortion death penalty indeed holds today seems equally clear however first amendment tolerate arbitrary definitions scope forum recognized nce opened limited forum state must respect lawful boundaries set rosenberger rector visitors univ follows course state failure set meaningful boundaries insulate state action first amendment challenge dispositive issue case whether aetc created designated public forum nonpublic forum concludes whether aetc defined contours debate forum sufficient specificity justify exclusion candidate aetc asks reject forbes constitutional claim basis entirely subjective ad hoc judgments dimensions forum first amendment demands however state government effectively wields power eliminate political candidate consideration voters stations must act editors see ante stations participate broadcasting arena editorial decisions may impact constitutional interests individual speakers broadcaster need plan sponsor conduct political debates however chooses first amendment imposes important limitations control access debate forum aetc control comparable local government official authorized issue permits use public facilities expressive activities cases concerning access traditional public forum found analogy power issue permits censorial power impose prior restraint speech thus review ordinance requiring permit participate parade city streets explained ordinance written fell squarely within ambit many decisions last years holding law subjecting exercise first amendment freedoms prior restraint license without narrow objective definite standards guide licensing authority unconstitutional shuttlesworth recently reaffirmed approach considering constitutionality assembly parade ordinance authorized county official exercise discretion setting amount permit fee forsyth county nationalist movement relying shuttlesworth similar cases described breadth administrator discretion thusly articulated standards either ordinance county established practice administrator required rely objective factors need provide explanation decision decision unreviewable nothing law application prevents official encouraging views discouraging others arbitrary application fees first amendment prohibits vesting unbridled discretion government official perhaps discretion aetc staff controlling access candidate debates quite unbridled forsyth county administrator nevertheless surely broad enough raise concerns controlled decision case written criteria cabined discretion aetc staff subjective judgment candidate viability newsworthiness allowed wide latitude either permit exclude third participant debate moreover exercising judgment free rely factors arguably favor inclusion justifications exclusion thus fact forbes little financial support considered evidence lack viability factor might provided independent reason allowing share free forum wealthier candidates televised debate forum issue case may squarely fit within public forum analysis importance denied given special character political speech particularly campaigns elected office debate forum implicates constitutional concerns highest order majority acknowledges ante indeed planning management political debates broadcasters raise serious constitutional concerns seldom replicated television networks engage types programming recognized speech concerning public affairs essence selfgovernment garrison louisiana first amendment therefore fullest urgent application precisely conduct campaigns political office monitor patriot roy surely constitution demands least much government takes action necessarily impacts democratic elections local officials issue parade permits reasons support need narrow objective definite standards guide licensing decisions apply directly wholly subjective access decisions made staff aetc importance avoiding arbitrary exclusions political debates militates strongly favor requiring controlling state agency use adhere objective criteria determine among qualified candidates may participate demand speaking facilities exceeds supply state must ration allocate scarce resources acceptable neutral principle rosenberger constitutional duty use objective neutral principles determining whether adjust debate format impose modest requirement fall far short duty grant every request standards also benefit providing public assurance broadcasters select debate participants arbitrary grounds like endorse view appeals candidates qualify position ballot necessarily entitled access statesponsored debate convinced however constitutional imperatives motivated decisions cases like shuttlesworth command access political debates planned managed entities governed objective criteria requiring government employees set objective criteria choose candidates benefit significant media exposure results statesponsored political debates alleviate risk inherent allowing government private stage candidate debates accordingly affirm judgment appeals notes see ark code ann record letter carole adornetto amy oliver barnes dated june attached exh affidavit amy oliver barnes simmons journalist working aetc staff debates stated time decision invite candidates strong popular support made third party candidates evaluate likely extent popular support record affidavit bill simmons presumably simmons meant candidate aetc staff member amy oliver represented consideration whether invite forbes qualified candidate see text accompanying infra see app see see also perot fec cadc cert denied sub nom hagelin fec although contest candidates third district relatively close one two three districts candidates invited debate clear one virtually chance winning election democrat blanche lambert resounding victory republican terry hayes first congressional district illustrates point lambert received vote compared hays scammon mcgillivray america votes handbook contemporary american election statistics similarly second district democrat ray thornton incumbent defeated republican dennis scott vote ibid note scott raised less forbes raised nevertheless scott invited participate debate forbes see app interestingly many countries formerly relied upon state control broadcast entities appear moving direction deregulation private ownership entities see bughin griekspoor new era european tv mckinsey western europe public television broadcasters began lose grip market switzerland austria ireland continue operate state television monopolies europe whole including eastern europe television remains largely state controlled number private broadcasters holding positions nearly doubled first half decade rohwedder central europe broadcasters square wall street journal europe may central europe television channels unchallenged media masters days communist control coming increasingly aggressive attack upstart private broadcasters lange woldt european interest american experience cardozo arts ent last ten years germany many european countries public broadcasting weakened competition private television channels considered commerce herbert hoover statement house committee expressing concern government involvement broadcasting allow single person group place position censor material shall broadcasted public believe government ever placed position censoring material quoting hearings house committee merchant marine fisheries public broadcasting amendments pub stat amending public broadcasting act pub stat et seq correctly rejects extreme position first amendment simply application candidate claim permitted participate televised debate see brief fcc et amici curiae first amendment constrain editorial choices public broadcasters licensed operate communications act see also brief state california et amici curiae role speaker rather mere forum provider state actor restricted rules see supra see infra citing shuttlesworth explained reasoning simple permit scheme appraisal facts exercise judgment formation opinion cantwell connecticut licensing authority danger censorship abridgment precious first amendment freedoms great permitted southeastern promotions conrad citations omitted particularly troubling aetc excluded independent candidate invited candidates participate planned debates regardless chances electoral success see supra recognized political figures outside two major parties fertile sources new ideas new programs many challenges status quo time made way political mainstream anderson celebrezze citing illinois bd elections socialist workers party lack substantial financial support apparently factor decision invite candidate even less financial support forbes see supra indeed plurality recently expressed reluctance applying public forum analysis new changing contexts see denver area ed telecommunications consortium fcc plurality opinion clear public forum doctrine imported wholesale area common carriage regulation observes cases first amendment force compel public broadcasters allow third parties access programming ante rule one promulgated fec requires use objective criteria identify candidates may participate leaves programming decisions unaffected say programming decisions made television networks immune attack constitutional grounds long state speaker decisions like employment decisions state agencies unlike decisions private actors must respect commands first amendment decades settled jurisprudence require judicial review state action challenged first amendment grounds see widmar vincent rosenberger rector visitors univ ironically standardless character decision exclude forbes provides basis conclusion debates nonpublic forum rather limited public forum page opinion ante explains designated public forum created government allows selective access individual speakers rather general access class speakers aetc claims invite either entire class viable candidates entire class newsworthy candidates reasoning created designated public forum expresses concern direct result appeals holding candidates right participate every debate network cancelled nebraska debate ante nebraska station realized satisfied first amendment obligations simply setting participation standards debate however seems quite unlikely chosen instead cancel debate fact aetc networks adopted policy statements emphasizing importance shielding programming decisions political influence see ante confirms significance risk minimized adoption objective criteria