Forbes v. Arkansas Educational Television Commission

RICHARD S. ARNOLD, Chief Judge.

This case is before us for the second time. On the prior appeal, this Court, sitting en banc, held that the plaintiff, Ralph P. Forbes, had stated a claim. Forbes v. Arkansas Educational Television Communication Network Foundation, 22 F.3d 1423 (8th Cir.) (en banc), cert. denied, — U.S.-, 115 S.Ct. 500, 130 L.Ed.2d 409 (1994) (petition of AETN), — U.S.-, 115 S.Ct. 1962, 131 L.Ed.2d 853 (1995) (petition of Mr. Forbes). The case arises out of a debate staged by the defendant Arkansas Educational Television Commission, an agency of the State of Arkansas, between…