RADIO TELEVISION NEWS DIRECTORS ASS'N v. UNITED STATES

Nos. 16369, 16498-16499.

400 F.2d 1002 (1968)

RADIO TELEVISION NEWS DIRECTORS ASSOCIATION et al., Petitioners, v. UNITED STATES of America and Federal Communications Commission, Respondents. COLUMBIA BROADCASTING SYSTEM, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents. NATIONAL BROADCASTING COMPANY, Inc., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents.

United States Court of Appeals Seventh Circuit.

Certiorari Denied January 13, 1969.


Attorney(s) appearing for the Case

Lloyd N. Cutler, J. Roger Wollenberg, Timothy B. Dyk, Washington, D. C., Raymond L. Falls, Jr., Lawrence J. McKay, Herbert Wechsler, New York City, Archibald Cox, Cambridge, Mass., Maurice Rosenfield, Harry Kalven, Jr., Chicago, Ill., W. Theodore Pierson, Vernon C. Kohlhaas, Robert N. Lichtman, Pierson, Ball & Dowd, Harold David Cohen, Washington, D. C., Newton N. Minow, Chicago, Ill., Royal E. Blakeman, New York City, for petitioners.

Thomas E. Ervin, Howard Monderer, Douglas E. Cutler, New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, of counsel), for petitioner, National Broadcasting Company, Inc.

Howard E. Shapiro, Dept. of Justice, Washington, D. C., Daniel R. Ohlbaum, Deputy Gen. Counsel, Robert D. Hadl, Henry Geller, John H. Conlin, Leonore G. Ehrig, Federal Communications Commission, Washington, D. C., Donald F. Turner, Asst. Atty. Gen., Gregory B. Hovendon, Arthur I. Cantor, Attys., Dept. of Justice, Washington, D. C., for respondent.

Michael H. Bader, William J. Potts, Jr., Washington, D. C., Edwin Lukas, Orrin G. Judd, Earle K. Moore, Ed A. Bernstein, New York City, Ernest F. Staub, Chicago, Ill., for amicus curiæ Office of Communication of the United Church of Christ, United Church Board for Homeland Ministries, Board of National Missions of the United Presbyterian Church in the U. S. A., National Division of the Methodist Board of Missions, General Board of Christian Social Concerns of the Methodist Church, The American Jewish Committee, and National Catholic Conference for Interracial Justice, amici curiae, William B. Ball, Harrisburg, Pa., of counsel.

Lois P. Siegel, Kenneth W. Gross, Washington, D. C., for amicus curiae, King Broadcasting Company; Haley, Bader & Potts, Washington, D. C., of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for National Academy of Television Arts and Sciences, amicus curiæ; Royal E. Blakeman, New York City, of counsel.

Before CASTLE, Chief Judge, KILEY and SWYGERT, Circuit Judges.


Certiorari Denied January 13, 1969. See 89 S.Ct. 631.

SWYGERT, Circuit Judge.

This review raises the question of the constitutionality of the Federal Communications Commission's recently promulgated rules concerning the airing of personal attacks and political editorials by broadcasters licensed by the Commission. An unincorporated association of radio and television journalists and eight companies holding licenses for radio and television stations

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