Shut out of TV debate, candidate heads to court

The independent candidate for lieutenant governor, John J. Sullivan, urged a federal judge yesterday to order CBS4 to include him in a debate between his opponents, Republican Reed V. Hillman and Democrat Timothy P. Murray, that will be taped today and is slated to air Sunday.

"I don't think it's appropriate . . . for someone to decide you should be excluded because someone's perception is you don't have a chance," Sullivan said after the hearing, insisting that voters should be allowed to hear the good and bad ideas of all four candidates for lieutenant governor.

In a lawsuit filed Wednesday, Sullivan alleges that CBS Corp. has violated his First Amendment rights and ignored federal regulations requiring equal air time for candidates by excluding him from the debate.

He argued that the company has undermined his candidacy and that of his running mate, independent gubernatorial hopeful Christy P. Mihos.

But a lawyer representing CBS argued that the private broadcasting company has a First Amendment right to decide what candidates to include in its news programming without government interference, and that Sullivan has no claim under federal law.

In an affidavit filed in court, CBS4 news director Jennifer Street said the station decided to limit the half-hour debate to the Republican and Democrat candidates after reviewing polling data and deciding what would be most helpful to voters.

"The station's decision to limit the debate to the two leading candidates was based solely on our judgment about how to make the debate as substantive as possible in the time allowed," Street wrote.

US District Judge Patti B. Saris said she would make a decision today, but would be unable to rule before the taping.