Red Lion Broadcasting Co. v. FCC

Red Lion Broadcasting Co. v. Federal Communications Commission
Argued April 2–3, 1969
Decided June 8, 1969
Full case nameRed Lion Broadcasting Company, Incorporated, et al. v. Federal Communications Commission, et al.
Citations395 U.S. 367 (more)
89 S. Ct. 1794; 23 L. Ed. 2d 371; 1969 U.S. LEXIS 3267; 1 Media L. Rep. 2053
ArgumentOral argument
Case history
Prior381 F.2d 908 (D.C. Cir. 1967); cert. granted, 389 U.S. 968 (1967);
Radio Television News Directors Ass'n v. United States, 400 F.2d 1002 (7th Cir. 1968); cert. granted, consolidated, 393 U.S. 1014 (1969).
Holding
The First Amendment permits a federal agency to regulate the speech of broadcasters in the interest of maintaining the public interest in equitable use of scarce broadcasting frequencies. Consequently, the Fairness doctrine is constitutional.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall
Case opinion
MajorityWhite, 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), was a seminal First Amendment ruling at the United States Supreme Court. The Supreme Court held that radio broadcasters enjoyed free speech rights under the First Amendment, but those rights could be partially restricted by the Federal Communications Commission (FCC) to maintain the public interest in equitable use of scarce broadcasting frequencies. As a result, the FCC's Fairness Doctrine was found to be constitutional.[1]

  1. ^ Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 390 (1969).