BUSINESS EXECUTIVES' MOVE FOR VIETNAM PEACE, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Post-Newsweek Stations, Capital Area, Inc., Intervenor.
DEMOCRATIC NATIONAL COMMITTEE, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Broadcasting Companies, Inc. and Columbia Broadcasting System, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 9, 1971.
Decided August 3, 1971.
Petition for Rehearing Denied October 4, 1971.
Attorney(s) appearing for the Case
Mr. Thomas R. Asher, Washington, D. C., with whom Messrs. Albert H. Kramer, Washington, D. C., and Michael Schneiderman, New York City, were on the brief, for petitioner in No. 24,492.
Mr. Joseph A. Califano, Jr., Washington, D. C., with whom Messrs. David H. Lloyd and Irvin B. Nathan, Washington, D. C., were on the brief, for petitioner in No. 24,537.
Mr. Daniel R. Ohlbaum, Deputy Gen. Counsel, Federal Communications Commission, for respondents.
Messrs. John H. Conlin, Associate Gen. Counsel, and Stuart F. Feldstein, Counsel, Federal Communications Commission, were on the brief for respondents in No. 24,492. Mr. John H. Conlin and Miss Katrina Renouf, Counsel, Federal Communications Commission, were on the brief for respondents in No. 24,537.
Mr. Henry Geller, Gen. Counsel, Federal Communications Commission, at the time the record was filed, also entered an appearance for respondent Federal Communications Commission in No. 24,492.
Mr. Howard E. Shapiro, Atty., Department of Justice, Washington, D. C., entered an appearance for respondent United States of America.
Mr. Ernest W. Jennes, Washington, D. C., with whom Messrs. Charles A. Miller and Henry Goldberg, Washington, D. C., were on the brief, for intervenor in No. 24,492.
Mr. J. Roger Wollenberg, Washington, D. C., with whom Messrs. Timothy B. Dyk and Daniel Marcus, Washington, D. C., were on the brief, for intervenor Columbia Broadcasting System, Inc. in No. 24,537.
Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, Washington, D. C., were on the brief for intervenor American Broadcasting Companies, Inc. in No. 24,537.
Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
J. SKELLY WRIGHT, Circuit Judge:
In these cases we are asked to decide whether a broadcast licensee may, as a general policy, refuse to sell any of its advertising time to groups or individuals wishing to speak out on controversial public issues. The Federal Communications Commission concluded that such a policy is permissible.1 We reverse the Commission's decision. And we remand for further proceedings.
The principle at stake...
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