FCC: TV can nix Super Bowl abortion ad

The Federal Communications Commission ruled that anti-abortion activist Randall Terry can't force a Chicago TV station to air commercials featuring graphic images of aborted fetuses during the Super Bowl.

In its ruling, the FCC’s Media Bureau decided that Terry’s attempt to buy ad time during the Super Bowl or in the pregame show on Chicago’s WMAQ under “reasonable access” provisions of the law pertaining to political candidates do not extend to the Super Bowl. The FCC also found that Terry, a write-in candidate for the Democratic nomination for president in Illinois, failed to meet the qualifications as a bona fide candidate. “Terry requested time on a highly rated program that occurs only once annually — in this case typically the highest rated program of the year — and it may well be impossible, given the station’s limited spot inventory for that broadcast, including the pregame and postgame shows, to provide reasonable access to all eligible federal candidates who request time during that broadcast,” wrote Media Bureau Chief Bill Lake. “Furthermore, given the lack of equivalent broadcasts, it would be reasonable for the station to conclude that it would be impossible to provide equal opportunities after the fact to opponents of candidates whose spots aired during the program,” Lake explained. “Given these factors, we do not find WMAQ’s refusal to sell time to Terry specifically during the Super Bowl broadcast to be unreasonable,” Lake concluded.