RICH WHITNEY, LEALAN JONES, AND THE ILGP FILE SUIT AGAINST WTTW OVER DEBATE EXCLUSION
Carbondale, IL— The Illinois Green Party and candidates Rich Whitney and LeAlan Jones filed suit in federal court late yesterday against public television station WTTW, the Corporation for Public Broadcasting, the Public Broadcasting Service and President and CEO of WTTW Daniel J. Schmidt. Gubernatorial candidate Whitney and Senatorial candidate Jones were both excluded from debates which occurred on WTTW this week. This happened despite the Illinois Green Party being one of only three legally established political parties in the state. Furthermore, Whitney received over 360,000 votes in the 2006 gubernatorial election.
The complaint alleges that WTTW, PBS and the CPB violated their 501(c)(3) status by conducting debates that had the effect of participating in, or intervening in a political campaign “on behalf of (or in opposition to) any candidate for public office.” These debates plainly had the effect of supporting the Democratic and Republican candidates, who alone were provided with a forum to propagate their views, to the exclusion of the two ballot-qualified Green Party candidates. The suit also charges these three corporate defendants with having violated the Federal Communications Act, including its Equal Time provisions pertaining to political candidates, by sponsoring a debate that gave the Democratic and Republican candidates more time than their Green Party challengers.
In a third count, the plaintiffs charge the three corporate defendants with violating the Corporation for Public Broadcasting Act which clearly states that, “The Corporation may not contribute to or otherwise support any political party or candidate for elective public office.” Finally, the complaint alleges that Schmidt violated the First and Fifth Amendment rights of Whitney and Jones by discriminating against them on the basis of their political views.
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