FCC VIOLATES RADIO BROADCASTER'S

FCC violates radio broadcaster's First Amendment right of freedom of speech

FCC violates radio broadcaster's First Amendment right of freedom of speech

Introduction

The Federal Communications Commission (FCC) has for many years imposed on broadcasters a "fairness doctrine," needing that public issues be presented by broadcasters and that each side of those issues be granted fair coverage. In No. 2, the FCC announced that petitioner Red Lion Broadcasting Co. had failed to rendezvous its obligation under the fairness doctrine when it carried a program which constituted a personal attack on one Cook, and organised it to send a transcript of the broadcast to Cook and supply answer time, if or not Cook would pay for it. The Court of Appeals supported the FCC's position. After the commencement of the Red Lion litigation, the FCC began a rulemaking advancing to make the personal attack aspect of the fairness doctrine more precise and more readily enforceable, and to specify its rules relating to political editorials. The rules, as adopted and changed, were held unconstitutional by the Court of Appeals in RTNDA (No. 717) as abridging the freedoms of talk and press.

Discussion

There is a twofold obligation laid down by the FCC's decisions and described by the 1949 Report on Editorializing by Broadcast Licensees, 13 F.C.C. 1246 (1949). The broadcaster should give adequate treatment to public issues, United Broadcasting Co., 10 F.C.C. 515 (1945), and treatment should be equitable in that it unquestionably reflects the opposing views. New Broadcasting Co., 6 P & F Radio Reg. 258 (1950). This must be finished at the broadcaster's own expense if sponsorship is unavailable. Cullman Broadcasting Co., 25 P & F Radio Reg. 895 (1963).

Moreover, the obligation must be contacted by programming obtained at the licensee's own initiative if available from no other source. John J. Dempsey, 6 P & F wireless Reg. 615 (1950); see Metropolitan Broadcasting Corp., 19 P & F wireless Reg. 602 (1960); The Evening report Assn., 6 P & F wireless Reg. 283 (1950). The government Radio charge had enforced these two basic duties on broadcasters since the outset, large lagoons Broadcasting Co., 3 F.R.C.Ann.Rep. 32 (1929), rev'd on other surrounds, 59 App.D.C.197, 37 F.2d 993, cert. dismissed, 281 U.S. 706 (1930); Chicago Federation of Laborv. FRC, 3 F.R.C.Ann.Rep. 36 (1029), aff'd, 59 App.D.C. 333, 41 F.2d 422 (1930); KFKB Broadcasting Assn. v. FRC, 60 App.D.C. 79, 47 F.2d 670 (1931), and in specific values the individual strike rules and guidelines at topic here have spelled them out in larger detail.

When a personal attack has been made on a number engaged in a public issue, both the doctrine of cases such as Red Lion and Times-Mirror Broadcasting Co., 24 P & F Radio Reg. 404 (1962), and also the 1967 regulations at issue in RTNDA, need that the individual attacked himself be suggested an opening to respond. Likewise, where one candidate is endorsed in a political editorial, the other candidates must themselves be suggested answer time to use personally or ...