STRAUS COMMUNICATIONS, INC. v. F. C. C.

Nos. 75-1083 and 75-1084.

530 F.2d 1001 (1976)

STRAUS COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. STRAUS COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the UNITED STATES of America, Respondents, Congressman Benjamin S. Rosenthal, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1976.


Attorney(s) appearing for the Case

Benno C. Schmidt, Jr., New York City, with whom Marcus Cohn and Joel H. Levy, Washington, D.C., were on the brief, for appellant in No. 75-1083 and petitioner in No. 75-1084.

Charles H. Bell, Jr., Counsel, F.C.C., with whom Ashton R. Hardy, Gen. Counsel, and Daniel M. Armstrong, Acting Associate Gen. Counsel, F.C.C., and Carl D. Lawson, Atty., Dept. of Justice, were on the brief, for appellee in No. 75-1083 and respondents in No. 75-1084. Joseph A. Marino, Associate Gen. Counsel, F.C.C., at the time the record was filed, also entered an appearance for appellee in No. 75-1083 and respondent Federal Communications Commission in No. 75-1084.

Collot Guerard, Washington, D.C., with whom Harvey J. Shulman, Washington, D.C., was on the brief, for intervenor in No. 75-1084.

Henry Geller, Washington, D.C., as amicus curiae.

Before WRIGHT, LEVENTHAL and WILKEY, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

This case gives rise to significant questions concerning application of the Personal Attack Rule promulgated by the Federal Communications Commission, a rule which is an important component of the Fairness Doctrine.

I

Appellant-petitioner Straus Communications, Inc. (hereinafter the station) holds a license to operate Radio Station WMCA in New York City. It fills its programming time primarily with call-in talk shows...

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