ACCURACY IN MEDIA, INC. v. F. C. C.

No. 74-1028.

521 F.2d 288 (1975)

ACCURACY IN MEDIA, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Corporation For Public Broadcasting, the Public Broadcasting Service, the University of Maine, et al., Educational Broadcasting Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 16, 1975.


Attorney(s) appearing for the Case

Daniel Manelli, Washington, D. C., for petitioner. Stanley H. Kamerow, Washington, D. C., was on the brief for petitioner. Thomas F. Rogan and Milton Mitchell, Silver Spring, also entered appearances for petitioner.

C. Grey Pash, Jr., Counsel, F.C.C., for respondents. Ashton R. Hardy, Gen. Counsel, Joseph A. Marino, Associate Gen. Counsel, John E. Ingle, Counsel, F.C.C., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondents. John W. Pettit, Gen. Counsel, F.C.C., at the time the record was filed, entered an appearance for respondents.

James L. McHugh, Jr., Washington, D. C., with whom Randolph J. May, Washington, D. C., was on the brief for intervenor, The Corporation for Public Broadcasting. Richard M. Schmidt, Jr., Washington, D. C., also entered an appearance for intervenor The Corporation for Public Broadcasting.

Theodore D. Frank, Washington, D. C., with whom Eric H. Smith, Harry M. Plotkin and Ronald A. Cass, Washington, D. C., were on the brief for intervenor Public Broadcasting Service.

Richard D. Marks, Washington, D. C., with whom Daniel W. Toohey, Washington, D. C., was on the brief for intervenor, The University of Maine, and others.

Vernon L. Wilkinson, Washington, D. C., entered an appearance for intervenor, Educational Broadcasting Corp.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge and WEIGEL, United States District Judge for the Northern District of California.


Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge.

Accuracy in Media, Inc. (AIM) filed two complaints with the FCC against the Public Broadcasting Service (PBS) concerning two programs distributed by PBS to its member stations. AIM alleged that the programs, dealing with sex education and the American system of criminal justice, were not a balanced or objective presentation of each subject and...

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