| BEFORE THE FEDERAL ELECTION COMMISSION OF THE UNITED STATES OF AMERICA
COMPLAINT Gary Johnson, an American adult citizen of the State of New Mexico, files this Complaint with the Federal Election Commission in accordance with the provisions of 2 U.S.C. §437 (g ) (a) (1) in the belief that Respondents violated provisions of the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. §§431, et seq. (hereinafter, “The Act”). RESPONDENTS CBS, INC (hereinafter “CBS”) is a corporation with principal offices at 51 West 52nd Street, New York, New York 10019 engaged in the business of television broadcasting. FACTS Complainant is the former two-term Governor of the State of New Mexico, and a nationally-recognized candidate for the nomination of the Republican Party for President of the United States. Complainant has participated, along with the other leading candidates (including Governor Mitt Romney, Congresswoman Michelle Bachman, Governor Rick Perry, Mr. Herman Cain and former House Speaker Newt Gingrich, to name a few) in debates televised on television networks other than Respondent. On Saturday, November 12, 2011 Respondent CBS televised on its national network another debate, but instead of including all leading candidates has elected to arbitrarily and capriciously exclude some candidates and include others. In so doing, CBS is, without any other explanation, choosing to support certain candidates. By excluding viable candidates like Complainant, who has been included by cable networks in their debates CBS is directly and significantly supporting those candidates it favors, and advocating the nomination of one of their favorites and opposing the nomination of Complainant, whom CBS evidently disfavors. In so doing, CBS is making an illegal corporate in-kind contribution to those favored candidates. The value of this contribution vastly exceeds the contribution limit that applies to any category of lawful donor. 2 U.S.C. §431 (8) (A) (i) defines a “contribution” as “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.” No rational person could possibly argue that exposure during an hour-long debate televised in prime time on the CBS network is NOT something of value. Indeed, CBS sells advertising spots during prime time for huge sums, and makes and reaps signifigant revenues in doing so. By any standard, this airtime is a thing of value within the ambit of that phrase in this statute. If all viable candidates were being included in the debate that might lead to a different conclusion, but by excluding candidates CBS disfavors –opposes—and including those it favors –supports—Respondent is violating the Act. Complaint by Governor Gary E. Johnson to Federal Communication Communications The Federal Communications Commission has the authority to regulate fair access to the airwaves of broadcast by network television networks Complainant is the former two- term Governor of the State of New Mexico, and a nationally-recognized candidate for the nomination of the Republican Party for President of the United States. Complainant has participated, along with the other leading candidates (including Governor Mitt Romney, Congresswoman Michelle Bachman, Governor Rick Perry, Mr. Herman Cain and former House Speaker Newt Gingrich, to name a few) in debates televised on cable broadcast networks . On Saturday, November 12, 2011 Respondent CBS- who’s broadcasts are regulated by the FCC- televised on its national network another debate, but instead of including all leading candidates has elected to arbitrarily and capriciously exclude some candidates and include others. In so doing, CBS is, without any other explanation, choosing to favor certain candidates. By excluding viable candidates like Complainant, who has been included by other cable networks in their debates . CBS is directly and significantly supporting those candidates it favors, and advocating the nomination of one of they support and opposing the nomination of Complainant. In so doing, CBS is making an illegal corporate in-kind contribution to those favored candidates. The value of this contribution – millions of dollars of publicity and exposure vastly exceeds the contribution limit that applies to any category of lawful donor. 2 U.S.C. §431 (8) (A) (i) defines a “contribution” as “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.” No rational person could possibly argue that exposure during an hour-long debate televised in prime time on the CBS network is NOT something of value. Indeed, CBS sells advertising spots during prime time for huge sums. Advertising—selling airtime (exposure) for money demonstrates this value. By any standard, this airtime is a thing of value within the ambit of that phrase in this statute. If all viable candidates were being included in the debate that might lead to a different conclusion, but by excluding certain candidates in including others, CBS is illegally aiding those it includes by giving them something of value-airtime worth millions of dollars. Corporate contributions in this case in-kind are a violation of the Federal Election law-addressed in a different complaint.CBS is clearly violating federal election law. The public owns the airways over which CBS broadcasts, and the public deserves to be free from bias- favoring some candidates over others- as well as illegal support of certain presidential candidates on national network television. Unfair access to the airwaves of broadcast by network television is clearly an issue within the FCC’s mandate. The illegal corporate contribution CBS is making in including some candidates and not others is addressed in a separate formal complaint to the Federal Elections Commission. The FCC should take appropriate action against CBS. |
Former New Mexico Governor Gary Johnson is running for president, but you wouldn’t know it if you’ve been watching the many Republican debates. The widely respected two-term governor, who is also a Republican Liberty Caucus Advisory Board member, has been excluded from all but two of the debates, despite the fact that he met the stated qualifications for many of them.
The complaints (shown to the right) focus primarily on the idea that giving some candidates access to the debates while excluding others amounts to the media effectively donating the value of that airtime to those campaigns and is a violation of campaign finance laws which require the reporting of in-kind contributions. They focus specifically on the recent CBS debate and argue that by selecting which candidates benefited from valuable air time during the broadcast debate and excluding others, CBS was “directly and significantly supporting those candidates it favors, and advocating the nomination of one of their favorites and opposing the nomination of Complainant, whom CBS evidently disfavors.”
In a press release about the complaints, Senior Campaign Adviser Ron Nielson writes:
“As this campaign progresses, it is clear that nationally televised debates are having a tremendous impact. Candidates are moving up and down in the polls with every debate, fundraising is impacted dramatically, and Republican voters obviously remain undecided. When one looks at the inconsistent and arbitrary criteria networks such as CBS have used to decide who gets to be on the stage for the debates, it is apparent that decisions are being made in board rooms that are having the effect of ‘preselecting’ candidates.”
That is just wrong. We owe it to our supporters and to the process to take this basic unfairness and clear bias to those agencies whose job it is to insure that the power of the airwaves is not being misused in an arbitrary manner in the Republican nominating process.”
While we remain very fortunate to have other voices for liberty in this campaign like Rep. Ron Paul, the exclusion of Johnson shows a very serious problem in the Republican primary process. It suggests that the party is essentially letting the media pick which candidates voters are allowed to hear from which amounts to the media picking the Republican nominee.
Complaints about media bias have been heard frequently from supporters of other candidates, going back to the 2008 election. Ron Paul received similar treatment in 2008 and there has been considerable complaint that in the recent debate he received only 89 seconds of airtime out of 90 minutes while other candidates were given much longer to express their positions and address questions. If Johnson is the victim of a media blackout, Paul is victim of a kind of gray-out with much the same effect. He is allowed to compete, but not on a level playing field. It’s better than being excluded entirely, but it’s still not fair.
This is unfair for the voters and it is very unhealthy for the Republican Party. Liberty candidates like Johnson and Paul have good ideas which appeal to the voters and they deserve a chance to be heard. The Republican Party is allowing itself to be defined by the media as a party of corporate hacks and religious extremists because that fits the narrative of the election which the media wants to create. Candidates like Paul and Johnson defy that stereotyping and put a more positive face on a party which is much more diverse than the media likes to admit.
These complaints represent a positive step in the right direction which activists can focus on. It’s an opportunity to express your dissatisfaction and demand that the networks be held accountable for their clear bias and manipulation of the political process. Demand that Governor Johnson be included in future debates.
To make this easier we’ve provided a form below which will let you email your members of congress and also the directors of the FEC and the FCC and perhaps most importantly key decision makers at CNN which is broadcasting the upcoming debate on November 22nd.
PLEASE HIT “SEND MESSAGE” ONLY ONCE


Chat Live with Special Guests During the Debate
Gary Johnson is making big news right before the debate, because after being excluded from the last two debates, he battled his way back in with a 1% oor higher showing in five recent polls, plus he’s still outpolling Rick Santorum and John Huntsman. In fact, in a current
Rick Perry is the longest serving governor in the history of the state of Texas and has launched a campaign based around strong statements on states rights and getting Washington off the backs of the people. His statements are somewhat in contrast to his long record as a government insider and supporter of federal programs. He is perhaps best known in Texas for his friendliness to large corporations and the inside deals and special favors which have been hallmarks of his administration. This is Perry’s first debate and there is some speculation that he is not well prepared and may suffer based on his history of being a weak debate performer, or may even duck out at the last minute citing the wildfire crisis in Texas as a reason not to attend.
Ron Paul is probably the highest profile candidate. He is a 10 term Congressman from Texas known by his colleagues as “Dr. No” for his consistent opposition to any growth of government spending or programs and any legislation of questionable constitutionality. Paul ran for president in 2008 and his campaign launched the Tea Party movement and pioneered non-traditional fundraising methodology which has been adopted by other insurgent campaigns since then. Paul is a conservative libertarian politically who believes in minimal government and strict adherence to the Constitution and for his outspoken, sometimes irascible style.
Mitt Romney is a perceived frontrunner, but he has been running a very low profile campaign and losing ground to more active candidates. The former governor of Massachusetts has a strong business background and a successful record in office. He ran for president in 2008 and has high name recognition, but is somewhat tainted by his association with President Obama’s public health care plan which was largely based on a plan Romney instituted in Massachusetts which has been plagued by budget overruns. This debate is Romney’s opportunity to confirm that he is a frontrunner or end his campaign quickly with a bang.
Michelle Bachmann is a controversial Congresswoman from Minnesota who is best known for her association with the Tea Party movement and her extreme religious views which include strong opposition to gay rights and a call for a federal ban on pornography. Bachmann has a strongly fiscally conservative record and was a top contender in the polls until a few weeks ago when her numbers dropped into the single digits, possibly because of the entry of Rick Perry into the race and his appeal to the same demographic.
Herman Cain is the former CEO of Godfather’s Pizza, a syndicated columnist and a former federal reserve board chairman.. Until recently he was a nationally syndicated radio talkshow host, but is on hiatus during his campaign. He is from Atlanta and has degrees in mathematics and computer science. He is a strong fiscal conservative with relatively pragmatic positions on social issues. He is an experienced and dynamic public speaker and brings powerful credentials as a very successful businessman to his campaign.
John Huntsman is the former Governor of Utah and most recently was President Obama’s Ambassador to China. He is seen as a moderate Republican with an appeal to independents, though so far his lack of media exposure and relatively low public profile have held him back from any success in national polls. If he performs well here it may take him from the back bench to being a more major contender.
Rick Santorum served two terms as Senator from Pennsylvania and two terms in Congress representing suburban Pittsburgh. He is Roman Catholic and has a reputation as an extreme religious conservative. He tried to legislate the teaching of intelligent design at the federal level and has made controversial statements on a variety of social issues. He is known for his aggressive and confrontational style and for not shying away from controversial positions.
With GOP contenders battling it out for the chance to face President Barack Obama in 2012, the once “cult-following” of Texas Congressman Ron Paul has turned into a base large enough to consider him one of the frontrunners. Having a massive Facebook following, the second highest 2nd quarter funds raised after former Massachusetts Gov. Mitt Romney, and recent poll victories such as the Southern Republican Leadership Conference straw poll; Paul’s more than 30 year old message of individual liberty, sound money and free markets is resonating with an ever larger audience.
AUSTIN, TX – Texas Governor Rick Perry may be the flavor of the day for a lot of Republicans, but Texas Republicans who are familiar with his record are a lot less enthusiastic about his presidential run. “Perry has a unique talent for finding new ways to raise taxes and loves to use taxpayer money to subsidize his business cronies,” says Secretary Dave Nalle of the Republican Liberty Caucus of Texas. “His supposed belief in limited government and states rights conveniently disappears whenever it conflicts with the demands of the special interests and corporate cronies who he serves.”




