FRIENDS OF EARTH v. F. C. C.

No. 24556.

449 F.2d 1164 (1971)

FRIENDS OF the EARTH and Gary A. Soucie, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Citizens For Clean Air, Inc., National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 1971.


Attorney(s) appearing for the Case

Mr. Geoffrey Cowan, with whom Messrs. Victor H. Kramer and James W. Moorman, Washington, D. C., were on the brief, for petitioners.

Mr. Richard E. Wiley, General Counsel, Federal Communications Commission, with whom Messrs. Daniel R. Ohlbaum, Deputy General Counsel, and Edward J. Kuhlmann, Counsel, Federal Communications Commission, were on the brief, for respondents. Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, and Mr. Howard E. Shapiro, Atty., Department of Justice, also entered appearances for respondents.

Mr. Lawrence J. McKay, New York City, for intervenor National Broadcasting Co., Messrs. Donald J. Mulvihill, Washington, D. C., Mathias E. Mone, New York City, Howard Monderer, Washington, D. C., and Roy L. Regozin, were on the brief for intervenor, National Broadcasting Co.

Mr. Roger C. Wolf, Washington, D. C., was on the brief for intervenor Citizens For Clean Air, Inc.

Mr. Jerome Congress, New York, N. Y., filed a brief on behalf of the New York City Environmental Protection Administration, amicus curiae.

Before WILBUR K. MILLER, Senior Circuit Judge, McGOWAN and ROBB, Circuit Judges.


McGOWAN, Circuit Judge:

Petitioners in this statutory review proceeding attack the dismissal by the Federal Communications Commission, without hearing or oral argument, of their fairness doctrine complaint in respect of Station WNBC-TV in New York City. The issue raised is that of the reach of the fairness doctrine in relation to product advertising, in this instance automobile and gasoline commercials. For the reasons hereinafter appearing, we think that the Commission...

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