Suzanimal
08-05-2016, 10:40 AM
Neither the Libertarian nor Green parties are guaranteed a space in this year’s presidential debates, a federal court ruled Friday, dealing a blow to their candidates, who were counting on being able to get onto the stage in order to boost their long-shot bids.
District Judge Rosemary M. Collyer ruled that the commission on presidential debates is a private entity, not a “public forum,” and neither Libertarian presidential nominee Gary Johnson nor Green Party nominee Jill Stein can force their way into a debate.
Mr. Johnson and Ms. Green had argued that the Commission on Presidential Debates was essentially a government actor, performing an important role in American democracy, and so it should be subjected to public oversight — including by the courts.
But Judge Collyer said courts have been quite clear in finding that debates are a private action, and those sponsoring them are generally protected in making their own decisions.
“This court could not require defendants to include plaintiffs in the debates because such an order would violate the First Amendment prohibition on forced speech and forced association,” Judge Collyer found.
The commission, which has sponsored the debates since the League of Women Voters withdrew from that role in 1988, sets the rules in agreement with officials from both the GOP and the Democratic Party — something third-party candidates say amounts to illegal collusion,
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http://www.washingtontimes.com/news/2016/aug/5/gary-johnsons-lawsuit-tossed-by-court/
District Judge Rosemary M. Collyer ruled that the commission on presidential debates is a private entity, not a “public forum,” and neither Libertarian presidential nominee Gary Johnson nor Green Party nominee Jill Stein can force their way into a debate.
Mr. Johnson and Ms. Green had argued that the Commission on Presidential Debates was essentially a government actor, performing an important role in American democracy, and so it should be subjected to public oversight — including by the courts.
But Judge Collyer said courts have been quite clear in finding that debates are a private action, and those sponsoring them are generally protected in making their own decisions.
“This court could not require defendants to include plaintiffs in the debates because such an order would violate the First Amendment prohibition on forced speech and forced association,” Judge Collyer found.
The commission, which has sponsored the debates since the League of Women Voters withdrew from that role in 1988, sets the rules in agreement with officials from both the GOP and the Democratic Party — something third-party candidates say amounts to illegal collusion,
....
http://www.washingtontimes.com/news/2016/aug/5/gary-johnsons-lawsuit-tossed-by-court/