Patrick L. Paulsen v. Federal Communications Commission and United States of America

Early in January 1972 petitioner Pat Paulsen, a professional entertainer and comedian, declared himself a serious candidate for the Republican nomination for President of the United States. He was a legally qualified candidate for the nomination and initiated an active campaign. He secured a place on the ballot in the New Hampshire primary, which was to be held on March 7,1972.

Paulsen had been employed by Walt Disney Productions, Inc. to perform in an episode of the television series, “The Mouse Factory.” Because the episode was soon to be released to television stations, the producer sought a declaratory ruling from the Broadcast Bureau of the Federal Communications Commission regarding the obligations of television stations that broadcast this show to give “equal opportunities” to other candidates pursuant to § 315 of the Communications Act of 1934 [ 47 U.S.C. § 315 ] , The Broadcast Bureau ruled that any national television appearances by Paul-sen would impose equal opportunities obligations upon broadcast licensees.

Paulsen requested review of this ruling, contending that “non-political” uses of the broadcast media by legally qualified candidates could not give…