Red Lion Broadcasting Co. v. Federal Communications Commission
| Red Lion Broadcasting Co. v. Federal Communications Commission | |
|---|---|
|
|
| Argued April 2–3, 1969 Decided June 9, 1969 |
|
| Full case name | Red Lion Broadcasting Company, Incorporated, et al. v. Federal Communications Commission, et al. |
| Citations | 395 U.S. 367 (more)
89 S. Ct. 1794; 23 L. Ed. 2d 371; 1974 U.S. LEXIS 88; 1 Media L. Rep. 2053
|
| Prior history | Motion to dismiss denied, 306 F. Supp. 310 (N.D. Ill. 1969); judgment for plaintiff, N.D. Ill.; judgment set aside, judgment for defendant, 322 F. Supp. 997 (N.D. Ill. 1970); affirmed, 471 F.2d 801 (7th Cir. 1972); rehearing denied, 7th Circuit, 9-7-72; cert. granted, 410 U.S. 925 (1973) |
| Subsequent history | Retrial on remand, judgment for plaintiff, N.D. Ill.; affirmed, 680 F.2d 527 (7th Cir. 1982); certiorari denied, 459 U.S. 1226 (1983) |
| Holding | |
| The First Amendment permits a federal agency to formulate rules to allow persons defamed or potentially defamed access to equal time to respond and a fairness standard for editorial speech by broadcast radio stations. Seventh Circuit reversed. | |
| Court membership | |
|
|
| Case opinions | |
| Majority | White, joined by Warren, Black, Harlan, Brennan, Stewart, Marshall |
| Douglas took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. I | |
Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969), while strongly suggesting that broadcast radio stations (and by logical extension, television stations) are First Amendment speakers whose editorial speech is protected, upheld the equal time provisions of the Fairness Doctrine ruling that it was "the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here." 395 U.S. at 390. In upholding the Fairness Doctrine, the Court based its rationale partly on a scarce radio spectrum.
The FCC by administrative rulemaking had required that discussion of public issues be presented on broadcast stations, and that each side of those issues must be given fair coverage. 395 U.S. 367, 369. As a result, the FCC added an "equal time rule" and a "response to personal attack" rule. Red Lion Broadcasting Co. challenged these rules as unconstitutionally infringing on the speech of the station's editorial judgment. Justice Byron White, writing for the majority explained, the FCC has included among the conditions of the Red Lion license itself the requirement that operation of the station be carried out in the public interest. Id. at 380.
Petitioner: Red Lion Broadcasting Company, et al.
Respondent: Federal Communications Commission, et al.
Chief Lawyer for Petitioner: Roger Robb
Chief Lawyer for Respondent: Archibald Cox
Justices for the Court: Hugo Lafayette Black, William J. Brennan, Jr., John Marshall Harlan II, Thurgood Marshall, Potter Stewart, Earl Warren, Byron R. White (writing for the Court) Justices Dissenting: None (William O. Douglas did not participate)
The Supreme Court ruled unanimously in favor of the FCC and found the Fairness Doctrine to be constitutional. Justice White delivered the opinion of the Court and came to the conclusion that the federal government could place restrictions on broadcasters that could not be placed on ordinary individuals. He stated that "without government control, the medium would be of little use because of the cacophony of competing voices, none of which could be clearly and predictably heard." It was decided that even though broadcasting is a medium that is affected by the First Amendment, the differences in broadcasting justify differences in the application of the First Amendment.
Justice White also explains that it is the rights of the viewers and listeners that is the most important, not the rights of the broadcasters.The Court did not see how the Fairness Doctrine went against the First Amendments goal of creating an informed public. The Fairness Doctrine required that those who were talked about be given chance to respond to the statements made by broadcasters. The Court believed that this helped create a more informed public. Justice White explains that without this doctrine station owners would only have people on the air who agreed with their opinions
...
Wikipedia