HOME > First Amendment Library > Case   Arkansas Educational Television Commission v. Forbes (1998)  [Findlaw] Secondary Link Arkansas Educational Television Commission v. Forbes  [Legal Information Institute] Argument Date 10/08/1997 Decided 05/18/1998 Supreme Court Vote 6-3 Supreme Court Ruling First Amendment claim denied; held that public broadcasters could selectively exclude participants from their sponsored debates, so long as these were not designed as "public forums."   Issue Whether a public television station sponsoring a candidates debate may exclude a legally qualified candidate who the station does not believe can win the election.   Case Summary & Additional Resources Majority Opinion Kennedy, J. (joined by Rehnquist, C.J. and O'Connor, Scalia, Thomas, and Breyer, JJ.) Dissenting Opinion Stevens, J. (joined by Souter and Ginsburg, JJ.) Lower Court 8th Circuit Lower Court Ruling First Amendment claim denied Oral Arguments Oral Arguments  [Oyez] Lawyers For Petitioner Richard D. Marks For Respondent Kelly J. Shackelford For United States Lawrence G. Wallace, Deputy Solicitor General Tony Mauro Analysis Attorneys fight for right to provide unrestricted advice to clients Broadcasters win, candidates lose First Amendment struggle Opinion - Lower Court Forbes v. Arkansas Educational Television Commission, 93 F.3d 497  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications 1 for All First Amendment Center history Glossary Freedom Sings™ Events Congressional Research Service reports Guest editorials The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links