NATIONAL BROADCASTING COMPANY, INC. v. F. C. C.

No. 73-2256.

516 F.2d 1101 (1974)

NATIONAL BROADCASTING COMPANY, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Accuracy in Media, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 27, 1974.

Order Vacating Opinion December 13, 1974.

Orders March 18 and 19, 1975.

Dissenting Opinion June 2, 1975.

Judgment Vacated July 11, 1975.


Attorney(s) appearing for the Case

Floyd Abrams, New York City, with whom Dean I. Ringel and Howard Monderer, Washington, D. C., were on the motion for petitioner.

John W. Pettit, Gen. Counsel, Washington, D. C., with whom Joseph A. Marino, Associate Gen. Counsel, and Lawrence W. Secrest, III, Washington, D. C., were on the motions for respondent.

Timothy B. Dyk, Washington, D. C., with whom J. Roger Wollenberg, Washington, D. C., were on the brief for Columbia Broadcasting System, Inc., as amicus curiae.

J. Laurent Scharff, Washington, D. C., was on the brief for Radio Television News Directors Assn. and the Society of Professional Journalists, Sigma Delta Chi, as amicus curiae.

Ellen S. Agress, New York City with whom Earle K. Moore, New York City, was on the brief for the Office of Communication, United Church of Christ, as amicus curiae.

Stanley H. Kamerow, Washington, D. C., was on the motion for intervenor, Accuracy In Media, Inc., Thomas F. Ragan also entered an appearance for intervenor, Accuracy In Media, Inc.

John B. Summers, Washington, D. C., was on the brief of National Assn. of Broadcasters, as amicus curiae.

Douglas Caddy, Washington, D. C., was on the brief for the Center for the Public Interest of the Robert M. Schuchman Memorial Foundation, Inc., as amicus curiae.

Ellen S. Agress, New York City, was on the brief for National Citizens Committee for Broadcasting, as amicus curiae.

Henry Geller, Washington, D. C., was on the brief for the Rand Corp., as amicus curiae.

Alexander Greenfeld, New York City, was on the brief for New York Times Co., as amicus curiae.

Carl D. Lawson, Atty., Dept. of Justice, entered an appearance for respondent United States.

Before FAHY, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.


LEVENTHAL, Circuit Judge:

On September 12, 1972, the television network of the National Broadcasting Company broadcast its documentary entitled "Pensions: The Broken Promise," narrated by Edwin Newman. On November 27, 1972, Accuracy in Media (AIM) filed a complaint with the Federal Communications Commission charging NBC had presented a one-sided picture of private pension plans. The handling of this case by the Commission will be discussed in more detail subsequently...

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