NAT. BROADCASTING CO. v. U.S.

No. 554.

319 U.S. 190 (1943)

NATIONAL BROADCASTING CO., INC. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 10, 1943.


Attorney(s) appearing for the Case

Mr. John T. Cahill, with whom Messrs. A.L. Ashby, Harold S. Glendening, and John W. Nields were on the brief, for the National Broadcasting Co.; and Mr. E. Willoughby Middleton, with whom Mr. Thomas H. Middleton was on the brief, for the Stromberg-Carlson Telephone Manufacturing Co. (Mr. David M. Wood was on the Statement as to Jurisdiction, for the Woodmen of the World Life Insurance Society), — appellants in No. 554. Mr. Charles E. Hughes, Jr., with whom Messrs. Allen S. Hubbard, Harold L. Smith, and John J. Burns were on the brief, for appellant in No. 555.

Solicitor General Fahy, with whom Messrs. Richard S. Salant, Charles R. Denny, Harry M. Plotkin, and Max Goldman were on the brief, for the United States et al.; and Mr. Louis G. Caldwell, with whom Messrs. Leon Lauterstein and Percy H. Russell, Jr., were on the brief, for the Mutual Broadcasting System, Inc., — appellees.

Briefs of amici curiae were filed by Mr. Isaac W. Digges on behalf of the Association of National Advertisers, Inc., and by Mr. George Link, Jr., on behalf of the American Association of Advertising Agencies, — in support of appellants; and by Messrs. Homer S. Cummings, Morris L. Ernst and Benjamin S. Kirsh on behalf of the American Civil Liberties Union, — in support of appellees.


MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

In view of our dependence upon regulated private enterprise in discharging the far-reaching role which radio plays in our society, a somewhat detailed exposition of the history of the present controversy and the issues which it raises is appropriate.

These suits were brought on October 30, 1941, to enjoin the enforcement of the Chain Broadcasting Regulations promulgated by the Federal Communications...

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