The Nevada Supreme Court's ruling allowing a cable network to exclude Rep. Dennis Kucinich from a Democratic presidential debate was barely a blip on the media radar screen. But in the long term, the court decision might prove to be [very] significant. It constituted the strongest judicial statement yet of news organizations' near-absolute power to control participation in pre-election forums. Kucinich, the Ohio congressman who polls in the low single digits but has a fervent following among his party's anti-war base, [charged] that the cable channel had promised to let him in when he met its standards, then abruptly changed those standards to keep him out. MSNBC said initially that the debate was open to Democrats who placed in the top four in a national poll. It invited Kucinich on Jan. 9 after a Gallup Poll a few days earlier ranked him fourth. But two days later, after New Mexico Gov. Bill Richardson dropped out of the race, the channel narrowed its criteria to the top three candidates and withdrew Kucinich's invitation. The day before the debate, a Nevada judge ordered MSNBC to let Kucinich participate, saying the cable operator had entered into a binding contract that it couldn't rescind once the candidate accepted. The state's high court quickly granted review and, an hour before the debate, ruled 7-0 in the cable channel's favor. The bottom line: Debates, the public's sole opportunity to see competing candidates in a neutral setting, are the prerogative of the sponsoring organizations - typically, these days, the news media - which set the criteria and have free rein to alter them.
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