Filed Date: Jan. 8, 2019
Closed Date: Sept. 23, 2020
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This is a case alleging a violation of the FCC's "equal time" provision that requires that broadcasters to give equal media coverage to major party candidates.
On January 8, 2019, the plaintiff, a pro se individual, filed suit in the U.S. District Court for the Middle District of Tennessee (the "District Court") against the Federal Communications Commission ("FCC") and Tennessee Elections Commission ("TEC"), accompanied by a request to have fees and court costs waived due to plaintiff's insufficient financial resources (in forma pauperis). The plaintiff claimed that he was approved to run for Governor of Tennessee by the TEC. However, because he was an independent candidate, the FCC's "equal time" provisions (requiring broadcasters to give equal media coverage to major party candidates) did not apply to him. He claimed that this exclusion violated his rights as a candidate and the public's right to be fully informed before voting. Because the November 6, 2018, election had already occurred, the plaintiff requested that (i) the FCC be prohibited from continuing to exclude independent candidates from its equal time provision, and (ii) the November 6, 2018, election not be certified.
On January 24, 2019, the District Court dismissed the case for failure to comply with previous court orders. By way of explanation, in September 2005, the District Court barred the plaintiff from filing any future civil litigation in forma pauperis, which he had done in this case. Then, in June 2011, the District Court imposed a $1,000 sanction against the plaintiff for continuing to file frivolous pleadings, and prohibited the plaintiff from filing any future cases until the plaintiff had paid all outstanding sanctions. At the time of the filing of this case, the plaintiff had failed to fully pay the $1,000 sanction.
Between April 2019 and September 2020, the plaintiff filed various motions with the Sixth Circuit Court of Appeals (case number 19-5448) and even with the U.S. Supreme Court. All such motions were denied. On September 22, 2020, the Sixth Circuit Court of Appeals ultimately dismissed the case because proper fees were not paid by the plaintiff.
Summary Authors
Cynthia Mog (4/14/2024)
See docket on RECAP: https://www.courtlistener.com/docket/8513192/mcdonald-v-federal-communications-commission/
Last updated April 14, 2024, 4:50 p.m.
State / Territory: Tennessee
Case Type(s):
Key Dates
Filing Date: Jan. 8, 2019
Closing Date: Sept. 23, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A independent candidate who ran for Governor of Tennessee.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal Communications Commission, Federal
Tennessee Elections Commission, State
Defendant Type(s):
Case Details
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.: