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GREEN v. F. C. C.

Nos. 24470, 24516.

447 F.2d 323 (1971)

David GREEN, Individually and as Chairman of the Peace Committee of the Baltimore Meetings of the Religious Society of Friends, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Broadcasting Company, Inc., Intervenor. G. I. ASSOCIATION, Stephen P. Pizzo, individually and on behalf of the G. I. Association, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Mr. Albert H. Kramer, Washington, D. C., for petitioner in No. 24,470.

Mr. Donald A. Jelinek for petitioners in No. 24,516.

Mr. Richard R. Zaragoza, Counsel, Federal Communications Commission, with whom Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, was on the brief, for respondents. Mr. Henry Geller, General Counsel at the time the record was filed, entered an appearance for respondent Federal Communications Commission. Mr. Howard E. Shapiro, Atty., Department of Justice, entered an appearance for respondent United States of America.

Mr. Donald J. Mulvihill, Washington, D. C., with whom Messrs. Mathias E. Mone, Howard Monderer, Washington, D. C., and Roy L. Regozin were on the brief, for intervenor National Broadcasting Company, Inc.

Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, Washington, D. C., entered appearances for intervenor American Broadcasting Companies, Inc. in No. 24,516.

Before McGOWAN, ROBINSON and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

Petitioners in both cases seek review and reversal of a ruling of the Federal Communications Commission that no violation of the agency's fairness doctrine occurred when stations in Washington, D. C., and San Francisco, California, refused to donate time to the petitioners for the purpose of broadcasting messages opposing military service or informing the public of alternatives to military service, after the stations had aired recruiting announcements...

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