From Richard Winger at Ballot Access News:
On October 27, a state court in Massachusetts refused to require the sponsors of that evening’s gubernatorial debate to include Evan Falchuk, nominee of the United Independent Party. See this story. UPDATE: this story has much more detail about why the judge ruled as she did.
From Andy Metzger at The Enterprise (second link above):
Citing the First Amendment, a state judge has refused to order the Worcester Regional Chamber of Commerce to include independent gubernatorial candidate Evan Falchuk in a debate Monday night.
Falchuk had argued that an earlier invitation to participate in the debate, his acceptance of the invitation and the clearing of his schedule constituted a contract that the chamber broke by disinviting him.
Superior Court Judge Linda Giles said she was “dubious” that Falchuk would be able to show he had a contract to participate in the Worcester debate, and likened the case to an incident where Democratic presidential candidate Dennis Kucinich unsuccessfully sought a judicial route into a 2008 Nevada debate.
“Media outlets are entitled to make their own decisions about what information deserves the public’s attention,” said Giles, citing the First Amendment and the Massachusetts Declaration of Rights, as she denied Falchuk’s motion for a preliminary injunction.