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BRANDYWINE-MAIN LINE RADIO, INC. v. F.C.C.

No. 71-1181.

473 F.2d 16 (1972)

BRANDYWINE-MAIN LINE RADIO, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Greater Philadelphia Council of Churches et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 1972.

Dissenting Opinion November 4, 1972.

Rehearing Denied December 4, 1972.

Attorney(s) appearing for the Case

Messrs. Benedict P. Cottone and Eugene F. Mullin, Washington, D.C., with whom Mr. John C. Eldridge, Washington, D.C., was on the brief, for appellant.

Mr. Joseph A. Marino, Associate Gen. Counsel, F.C.C., for appellee. Messrs. Richard E. Wiley, Gen. Counsel at the time the brief was filed, John H. Conlin, Associate Gen. Counsel at the time the brief was filed, and Miss Katrina Renouf, Counsel, F.C.C., at the time the brief was filed, were on the brief for appellee.

Messrs. Thomas Schattenfield, Michael Valder and David Tillotson, Washington, D.C., were on the brief for intervenors.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

TAMM, Circuit Judge:

We hold no freedom more inviolable than our precious first amendment right to freedom of speech. Free and unfettered debate has been a cornerstone of our Republic for almost two hundred years. Any attempt to silence those who would speak, no matter how unpopular their opinions, no matter how controversial their views, must be met with immovable opposition by those who cherish our basic freedoms and hold...

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