Metro Broadcasting, Inc. v. FCC

Metro Broadcasting, Inc. v. FCC
Argued March 28, 1990
Decided June 27, 1990
Full case nameMetro Broadcasting, Inc. v. Federal Co
Citations497 U.S. 547 (more)
110 S. Ct. 2997; 111 L. Ed. 2d 445
Case history
PriorWinter Park Communications, Inc. v. FCC, 873 F.2d 347 (D.C. Cir. 1989), affirmed and remanded; Shurberg Broadcasting of Hartford, Inc. v. FCC, 876 F.2d 902 (D.C. Cir. 1989), reversed and remanded.
Holding
The FCC policies do not violate equal protection since they bear the imprimatur of longstanding congressional support and direction and are substantially related to the achievement of the important governmental objective of broadcast diversity.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityBrennan, joined by White, Marshall, Blackmun, Stevens
ConcurrenceStevens
DissentO'Connor, joined by Rehnquist, Scalia, Kennedy
DissentKennedy, joined by Scalia
Laws applied
U.S. Const. amend. XIV
Overruled by
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995)

Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990), was a case decided by the Supreme Court of the United States that held that intermediate scrutiny should be applied to equal protection challenges to federal statutes using benign racial classifications for a non-remedial purpose.[1] The Court distinguished the previous year's decision City of Richmond v. J.A. Croson Co.,[2] by noting that it applied only to actions by state and local governments.[3] Metro Broadcasting was overruled by Adarand Constructors, Inc. v. Peña, which held that strict scrutiny should be applied to federal laws that use benign racial classifications.[4] This opinion was the last authored by William J. Brennan Jr., the longtime leader of the Court's liberal wing.[5]

  1. ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, NY: 2009, p. 610
  2. ^ City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989).
  3. ^ Varat, p. 616
  4. ^ Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 227 (1995).
  5. ^ "William J. Brennan". Oyez. Retrieved February 11, 2024. In Brennan's last vote as a Supreme Court Justice, he sided with the majority in Metro Broadcasting v. Federal Communications Commission (1990), upholding the constitutionality of two federal affirmative action programs aimed at increasing black ownership of radio and television stations.