Monday, February 15, 2010

"Tackling" an Issue of Conflicting Rights

BY VICTORIA ISON

Without ever even mentioning the word “abortion,” the ad managed to create controversy. In the weeks prior to Super Bowl XLIV, CBS received plenty of feedback about its decision to allow a pro-life commercial to be aired during the game. The advertisement, sponsored by the conservative group Focus on the Family, featured football player Tim Tebow and his mother, Pam. When pregnant with Tim, Pam was advised to abort for health reasons. She chose not to; two decades later, Tim was a football hero.

Various organizations opposed the airing of the ad, and did so vocally. At first, their case seemed strong. In 2004, CBS had refused to air a church organization’s ad, considering it controversial because it discussed gay membership. However, the network explained in January 2010 that its policies toward controversial advertisements have evolved. Now, the network professes to “consider responsibly produced ads from all groups” equally.

Obviously, CBS is a private network. It must make money and in order to do so it has the right to limit certain programming if it feels the airing of such programming might impede profits. But, by airing the incredibly well-watched Super Bowl, CBS performs a very public act. Free speech is a right guaranteed to the American people by the First Amendment, not by CBS. Or rather, it is guaranteed to CBS, which, in exercising its free speech, is capable of squashing the free speech expectations of advertising organizations.

This issue raises a number of puzzling questions. First, is it fair for CBS to deny some organizations airtime when it accepts others? How public should the network make its advertising policies? Do organizations have the right to expect their ads be accepted? Perhaps the ultimate question is this: whose first amendment rights are more valuable: CBS’ or those of the advertising organizations? When one organization maintains its free speech only by quelling the free speech of another, is this First Amendment right really being enjoyed?

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