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)
“I really cannot know whether I am or am not the Genius you are pleased to call me, but I am very willing to put up with the mistake, if it be one. It is a title dearly enough bought by most men, to render it endurable, even when not quite clearly made out, which it never can be till the Posterity, whose decisions are merely dreams to ourselves, has sanctioned or denied it, while it can touch us no further.”
—George Gordon Noel Byron (1788–1824)
“Greece is a sort of American vassal; the Netherlands is the country of American bases that grow like tulip bulbs; Cuba is the main sugar plantation of the American monopolies; Turkey is prepared to kow-tow before any United States pro-consul and Canada is the boring second fiddle in the American symphony.”
—Andrei Andreyevich Gromyko (1909–1989)
“An ... important antidote to American democracy is American gerontocracy. The positions of eminence and authority in Congress are allotted in accordance with length of service, regardless of quality. Superficial observers have long criticized the United States for making a fetish of youth. This is unfair. Uniquely among modern organs of public and private administration, its national legislature rewards senility.”
—John Kenneth Galbraith (b. 1908)
“Slowly ... the truth is dawning upon women, and still more slowly upon men, that woman is no stepchild of nature, no Cinderella of fate to be dowered only by fairies and the Prince; but that for her and in her, as truly as for and in man, life has wrought its great experiences, its master attainments, its supreme human revelations of the stuff of which worlds are made.”
—Anna Garlin Spencer (1851–1931)
“The city is recruited from the country. In the year 1805, it is said, every legitimate monarch in Europe was imbecile. The city would have died out, rotted, and exploded, long ago, but that it was reinforced from the fields. It is only country which came to town day before yesterday, that is city and court today.”
—Ralph Waldo Emerson (1803–1882)