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Red Lion Broadcasting Co. v. FCC
10
FACTS
- The Federal Communications Commission (respondent) required radio and television stations to discuss public issues and present each side fairly, when it implemented the Fairness Doctrine.
- Red Lion Broadcasting Co. (petitioner) operates a radio station that aired the “Christian Crusade” series.
- During one broadcast the speaker commented that the author of a book about Barry Goldwater was fired from a job for making false statements, and stated that he worked for the Communist party.
Red Lion Broadcasting Co. v. FCC
Olivia Dowling, Tyler Martin and Hannah Shirley
HOLDING
Unanimous decision. The First Amendment allows federal agencies to create rules that allow people that are defamed or potentially defamed access to equal air time in order to respond and allows a fairness standard for editorial speech by radio stations.
Fairness Doctrine: Requires broadcasters with broadcast licenses to present controversial issues that are of public importance while doing so in a way that was “honest, equitable, and balanced”.
RULE OF LAW
ANALYSIS
The FCC’s fairness doctrine does not impede the First Amendment, rather it enhances it. The fairness doctrine ensures a balanced and open discussion of contested ideas. The case laid the groundwork for the idea that the open discussion of public concerns is valuable, and public political editorialization must give fair response to all sides. This case also introduced the idea that without government regulation, individual voices on TV and radio would be lost in the “cacophony.”
First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Should the government require the media to provide victims of personal attacks made during prior broadcasts or publications the option of rebuttal?
FACTS
- The author felt personally attacked and demanded free airtime to reply, which was refused by the petitioner.
- The respondent determined that the comments were a personal attack and that the petitioner must give the author time to share his side of the story.
PROCEDURAL POSTURE
On appeal, the FCC decided the station must give the author air time to make his case. The D.C. Circuit Court of Appeals upheld the FCC decision. An appeal was brought to the Supreme Court, which unanimously upheld the lower court’s decision.