LARUS & BROTHER COMPANY, Inc., t/a the House of Edgeworth, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
The Tobacco Institute, Incorporated, et al., Intervenors.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 5, 1971.
Decided August 20, 1971.
Attorney(s) appearing for the Case
Abe Krash, Washington, D. C. (Daniel A. Rezneck, Jerome I. Chapman, Stephen M. Sacks, and Arnold & Porter, Washington, D. C., Lewis F. Powell, Jr., John W. Riely, and Hunton, Williams, Gay, Powell & Gibson, and Fielding L. Williams, Jr., and Williams, Mullen & Christian, Richmond, Va., on the brief), for petitioners and intervenors.
John H. Conlin, Associate Gen. Counsel (Richard E. Wiley, Gen. Counsel, and Stuart F. Feldstein, Counsel, Federal Communications Commission, and Richard W. McLaren, Asst. Atty. Gen., and Gregory B. Hovendon, Atty., Department of Justice, on the brief), for respondents.
Frank A. Fritz, Thomas C. Platt, Craig D. Walley and Bleakley, Platt, Schmidt, Hart & Fritz, New York City, on the brief for amicus curiae, National Tuberculosis and Respiratory Disease Ass'n.
Granville Whittlesey, Jr., Donovan, Leisure, Newton & Irvine, New York City, on the brief for amicus curiae, American Cancer Society, Inc.
Before WINTER, BUTZNER, and RUSSELL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
BUTZNER, Circuit Judge:
The Tobacco Institute and a number of cigarette manufacturers petitioned to review a report and order of the Federal Communications Commission.1 We affirm the Commission's ruling that licensees who broadcast announcements discouraging cigarette smoking as a health hazard are not required by the fairness doctrine to grant time for the presentation of opposing views.
In anticipation of the forthcoming statutory...
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