New information is clearing up some uncertainties for broadcasters in the state.
In March, KOLR/KSFX sat down with Glenn Miller, the man behind the racial messages. Some find them shocking.
Stations must give bona fide political candidates reasonable airtime, but now it seems Miller may not be entitled to that time.
In a statement, the Missouri Broadcasters Association says Miller demanded stations air his message.
That's on the basis that he's a write-in Senate candidate.
But new information from the FCC shows that may not be the case.
The MBA says the Federal Communications Commission gave it informal advice that it would not be unreasonable for Missouri broadcasting stations to determine that Miller is not a bona fide write-in candidate and therefore, Missouri broadcasters may deny him access to broadcast on their stations.
"I'm going to exercise my freedom of speech," said Miller in March, "and engage in the political process to the maximum extent that I can."
On Wednesday, Miller called this development a suppression of freedom of speech.
However, the MBA contends Miller is using broadcasters as what it calls a megaphone for his message and attempting to abuse the Communications Act.
KOLR/KSFX spoke with Gregg Skall, the Washington legal counsel to the Missouri Broadcasters Association.
He says the burden is on the write-in to provide a substantial showing that he or she is bona fide candidate.
Some qualifications to take into consideration include whether the person has a campaign headquarters, has given speeches, or issued press releases in a statewide race.
(see FCC filings below)
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