Decisions of The United States Supreme Court
In Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), the U.S. Supreme Court upheld (by a vote of 8-0) the constitutionality of the Fairness Doctrine in a case of an on-air personal attack, in response to challenges that the doctrine violated the First Amendment to the U.S. Constitution. The case began when journalist Fred J. Cook, after the publication of his Goldwater: Extremist of the Right, was the topic of discussion by Billy James Hargis on his daily Christian Crusade radio broadcast on WGCB in Red Lion, Pennsylvania. Mr. Cook sued arguing that the Fairness Doctrine entitled him to free air time to respond to the personal attacks.
Although similar laws are unconstitutional when applied to the press, the Court cited a Senate report (S. Rep. No. 562, 86th Cong., 1st Sess., 8-9 ) stating that radio stations could be regulated in this way because of the limited public airwaves at the time. Writing for the Court, Justice Byron White declared:
| “ | A license permits broadcasting, but the licensee has no constitutional right to be the one who holds the license or to monopolize a radio frequency to the exclusion of his fellow citizens. There is nothing in the First Amendment which prevents the Government from requiring a licensee to share his frequency with others.... It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount. | ” |
The Court warned that if the doctrine ever restrained speech, then its constitutionality should be reconsidered.
However, in the case of Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974), Chief Justice Warren Burger wrote (for a unanimous court):
| “ | Government-enforced right of access inescapably dampens the vigor and limits the variety of public debate. | ” |
This decision differs from Red Lion v. FCC in that it applies to a newspaper, which, unlike a broadcaster, is unlicensed and can theoretically face an unlimited number of competitors.
In 1984, the Supreme Court ruled that Congress could not forbid editorials by non-profit stations that received grants from the Corporation for Public Broadcasting (FCC v. League of Women Voters of California, 468 U.S. 364 (1984)). The Court's 5-4 majority decision by William J. Brennan, Jr. stated that while many now considered that expanding sources of communication had made the Fairness Doctrine's limits unnecessary:
| “ | We are not prepared, however, to reconsider our longstanding approach without some signal from Congress or the FCC that technological developments have advanced so far that some revision of the system of broadcast regulation may be required. (footnote 11) | ” |
After noting that the FCC was considering repealing the Fairness Doctrine rules on editorials and personal attacks out of fear that those rules might be "chilling speech", the Court added:
| “ | Of course, the Commission may, in the exercise of its discretion, decide to modify or abandon these rules, and we express no view on the legality of either course. As we recognized in Red Lion, however, were it to be shown by the Commission that the fairness doctrine ' the net effect of reducing rather than enhancing' speech, we would then be forced to reconsider the constitutional basis of our decision in that case. (footnote 12) | ” |
Read more about this topic: Fairness Doctrine
Famous quotes containing the words supreme court, decisions of, decisions, united, states, supreme and/or court:
“The Supreme Court would have pleased me more if they had concerned themselves about enforcing the compulsory education provisions for Negroes in the South as is done for white children. The next ten years would be better spent in appointing truant officers and looking after conditions in the homes from which the children come. Use to the limit what we already have.”
—Zora Neale Hurston (1891–1960)
“Every man finds a sanction for his simplest claims and deeds, in decisions of his own mind, which he calls Truth and Holiness.”
—Ralph Waldo Emerson (1803–1882)
“A woman does not have to make decisions based on the need to survive. She can cut through issues, call shots as she sees them.... Many bad decisions are made by men in government because it is good for them personally to make bad public decisions.”
—Dianne Feinstein (b. 1933)
“It is said that the British Empire is very large and respectable, and that the United States are a first-rate power. We do not believe that a tide rises and falls behind every man which can float the British Empire like a chip, if he should ever harbor it in his mind.”
—Henry David Thoreau (1817–1862)
“If the Union is now dissolved it does not prove that the experiment of popular government is a failure.... But the experiment of uniting free states and slaveholding states in one nation is, perhaps, a failure.... There probably is an “irrepressible conflict” between freedom and slavery. It may as well be admitted, and our new relations may as be formed with that as an admitted fact.”
—Rutherford Birchard Hayes (1822–1893)
“And what do I care if she marries another? every other night I dream of her dresses and things on an endless clothesline of bliss, in a ceaseless wind of possession, and her husband shall never learn what I do to the silks and fleece of the dancing witch. This is love’s supreme accomplishment. I am happy—yes, happy! What more can I do to prove it, how to proclaim that I am happy? Oh, to shout it so that all of you believe me at last, you cruel, smug people.”
—Vladimir Nabokov (1899–1977)
“Fortunately for those who pay their court through such foibles, a fond mother, though, in pursuit of praise for her children, the most rapacious of human beings, is likewise the most credulous; her demands are exorbitant; but she will swallow any thing.”
—Jane Austen (1775–1817)