Arkansas Ed. Television Comm'n v. Forbes, 523 U.S. 666, 3 (1998)

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668

ARKANSAS ED. TELEVISION COMM'N v. FORBES

Syllabus

forum, but indicates that the debate was a nonpublic forum. Id., at 805. Pp. 678-682.

(d) AETC's decision to exclude Forbes was a reasonable, viewpoint-neutral exercise of journalistic discretion consistent with the First Amendment. The record demonstrates beyond dispute that Forbes was excluded not because of his viewpoint, but because he had not generated appreciable public interest. There is no serious argument that AETC did not act in good faith in this case. Pp. 682-683.

93 F. 3d 497, reversed.

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined, post, p. 683.

Richard D. Marks argued the cause for petitioner. With him on the briefs was Alden L. Atkins.

Deputy Solicitor General Wallace argued the cause for the Federal Communications Commission et al. as amici curiae urging reversal. With him on the briefs were Acting Solicitor General Dellinger, Jonathan E. Nuechterlein, William E. Kennard, Christopher J. Wright, Daniel M. Armstrong, and C. Grey Pash, Jr.

Kelly Shackelford argued the cause for respondent. With him on the briefs was John W. Whitehead.*

*Briefs of amici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, Roderick E. Walston, Chief Assistant Attorney General, Charles W. Getz IV, Assistant Attorney General, Edna Walz, Deputy Attorney General, and Daniel Schweitzer, and by the Attorneys General for their respective States as follows: William H. Pryor, Jr., of Alabama, Grant Woods of Arizona, Gale A. Norton of Colorado, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, Alan G. Lance of Idaho, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Philip T. McLaughlin of New Hampshire, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, William H. Sorrell of Vermont, and William U. Hill of Wyoming; for the City of New York by Paul A. Crotty and Leonard J. Koerner; for the Association of America's Public Television

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