Farmers Educ. & Co-op. Union v. WDAY, Inc.
360 U.S. 525 (1959)

Annotate this Case

U.S. Supreme Court

Farmers Educ. & Co-op. Union v. WDAY, Inc., 360 U.S. 525 (1959)

Farmers Educational & Cooperative Union of America v. WDAY, Inc.

No. 248

Argued March 23, 1959

Decided June 29, 1959

360 U.S. 525

Syllabus

Section 315(a) of the Federal Communications Act of 1934 provides, in effect, that, if anyone licensed to operate a radio broadcasting station shall permit any person who is a legally qualified candidate for public office to broadcast over such station, he shall "afford equal opportunities" to all other such candidates for that office, and "shall have no power of censorship" over the material broadcast under this section.

Held:

1. Such a licensee may not delete material from a candidate's radio speech on the ground that such material may be defamatory. Pp. 360 U. S. 527-531.

2. Regardless of state law, such a licensee is not liable for defamatory statements made in a speech broadcast over his station by a candidate for public office under § 315(a). Pp. 360 U. S. 531-535.

89 N.W.2d 102 affirmed.

Page 360 U. S. 526

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