The Rogue Valley International Airport, a public institution administered by Jackson County, Oregon, has a large screen television in its boarding area, which is tuned to the Fox News Channel. I questioned the Board of Commissioners regarding this and garnered some details. Is there any legal merit to a lawsuit against the country?
This case concerns the use of public facilities for political advocacy.
The Rogue Valley International Airport in Medford, Oregon, is administered by Jackson County. In the boarding area there is a large-screen television provided for public viewing. It is tuned to the Fox News Channel.
On March 25th, 2011, at 9:30 AM, I attended a meeting of the Jackson Country Board of Commissioners. When the meeting was opened to questions from the public, I had an exchange with the board. I present here my rough recollection of the exchange, condensed to its essence, and obviously not reliable in its particulars, but true to the tenor of the discussion. The board meeting was videotaped and I expect that it will be made publicly available at some point, but has not yet been posted.
Me: Would it be inappropropriate for me to raise a question regarding the Rogue Valley International Airport?
Board: No.
Me: [Statement of facts regarding the display of Fox News Channel.] Does this reflect the considered policy of the board or is it perhaps an accident?
Board: The television is rented by commercial concerns, in this case AD Construction, which may air anything it wishes so long as it does not violate legal restrictions such as obscenity.
CC: It is a general principle of government that public institutions refrain from political advocacy. Does not the airing of Fox News Channel constitute a violation of this principle?
Board: This is a First Amendment issue. We do not censor political expression.
CC: Is it permissible for candidates for political office to post campaign messages in the airport?
Board: No. Fox News is not a politically biased news organization. In other areas of the airport MSNBC has been displayed. (Note: I cannot verify the truth of this statement.) This discussion is over.
CC: I have polling data on public perceptions of political bias in news channels.
Board: I'm sure you do. This discussion is over.
Again, my recollection is incomplete and I expect that some details have been missed, but I am confident that this representation is true to the tenor of the discussion. I have been unable to locate information on the contract between Jackson Country and AD Construction, whether it was handled by open bid, its duration, and the amount of money paid to Jackson County. This shortcoming is due to my own inexperience in navigating government pathways.
Legal question: does the airing of Fox News Channel in a public facility constitute an illegal act of governmental participation in political activity? Does the fact that the flat screen television is rented to private parties relieve the county government of any liability on this matter?