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 decisions of, decisions, united, states, supreme and/or court:
“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)
“Most of my decisions in life seem absent-minded but inevitable.”
—Mason Cooley (b. 1927)
“Human life in common is only made possible when a majority comes together which is stronger than any separate individual and which remains united against all separate individuals. The power of this community is then set up as “right” in opposition to the power of the individual, which is condemned as “brute force.””
—Sigmund Freud (1856–1939)
“If I be false, or swerve a hair from truth,
When time is old and hath forgot itself,
When waterdrops have worn the stones of Troy,
And blind oblivion swallowed cities up,
And mighty states characterless are grated
To dusty nothing, yet let memory
From false to false among false maids in love
Upbraid my falsehood.”
—William Shakespeare (1564–1616)
“It is the supreme art of the teacher to awaken joy in creative expression and knowledge.”
—Albert Einstein (1879–1955)
“GOETHE, raised o’er joy and strife,
Drew the firm lines of Fate and Life,
And brought Olympian wisdom down
To court and mar, to gown and town,
Stooping, his finger wrote in clay
The open secret of to-day.”
—Ralph Waldo Emerson (1803–1882)